Trademark
Jeffrey Armistead LLC advises creative professionals and businesses on trademark matters. A strong trademark allows creative professionals and businesses to prevent others from taking advantage of a brand’s hard-earned goodwill and reputation. Also, the right trademark is necessary to avoid infringing existing trademarks, which can result in costly efforts to rebrand and advertise a new trademark, as well as potentially stiff damages and penalties.
A trademark identifies and distinguishes the source of a product from products made or sold by others. A trademark can include any word, slogan, graphic, or symbol that is capable of identifying the source of a product in the marketplace. Service marks (often used interchangeably with the term trademark or mark) include any word, slogan, graphic, or symbol that is capable of identifying the source of a service.
Counseling: Jeff can counsel you on the selection of a trademark or service mark. What may seem like an infringing or unavailable mark may in fact be suitable as a trademark, and a mark that appears to be unique may in fact infringe an existing trademark. From discussing a mark’s strength and registrability to searching for a mark’s availability, the law office can guide you on the legal aspects of your branding efforts.
Registration: copyright registration is relatively straightforward and can usually be done without an attorney. However, the trademark registration process falls into the “do not try this at home” category and can be a complicated and exacting process. Failure to register a trademark properly can result in forfeiture of the mark. Jeff can complete the registration application and deal with the trademark examining office throughout the registration process.
Disputes: in the event that someone else is using your trademark or you have been threatened with an infringement lawsuit or a cease and desist letter, the law office can counsel you on your options, and if necessary, represent you in legal proceedings.
For more information on trademark law, please visit Jeff’s blog, Known in the Marts.