Trademark Lawyers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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What is a Trademark?

A trademark is a word, phrase, logo or other symbol, used to identify a product, the source of a product and the manufacturer or merchant. A trademark is usually used to distinguish one product and its manufacturer from another.

Common Types of Trademarks

There are many types of trademarks, such as:

What is a Trademark Search?

Before you decide to use a particular trademark or name, you should conduct a trademark search to determine whether a similar trademark already exists. If you use a trademark that is similar to, or the same as, another person's registered trademark, you can be held liable for damages and the registered owner's attorney fees. Generally, a court will presume that the unregistered trademark owner knew about the registered trademark, even if you did not. Trademark attorneys and firms are trained to make a thorough inspection of registered trademarks to prevent this predicament.

Once the trademark has been approved by the Patent and Trademark Office, it will be registered for a term of ten years. Six years into the ten-year period, the owner must then file a form stating that the trademark is still in use. Otherwise, the registration may lapse.

Trademark Infringement or Dilution

Federal law offers protections for a trademark if someone uses it without permission. The trademark is protected from:

Should I Consult an Attorney about my Trademark Issue?

An attorney can help you meet all the deadlines and fulfill all the requirements. A lawyer can also participate in on-going research to make certain no one else is using or diluting your trademark without your permission. Additionally, if you have an issue of trademark dilution or infringement, an attorney can guide you through the difficult and strict procedural requirements for litigation and bring out the core of your case.

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Registering a Trademark

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Last Modified: 02-16-2012 02:34 PM PST

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