Trademark - Abii & Associates, PLLC

Trademark

Trademark law is a branch of intellectual property law that focuses on protecting trademarks. Trademarks are distinctive signs or symbols used in commerce to identify and distinguish the goods or services of one party from those of others. Trademarks can be brand names or logos. It can include words, names, logos, slogans, sounds, colors, or a combination thereof. The main purpose of trademark law is to prevent consumer confusion and protect the goodwill and reputation associated with a particular brand or business.

Trademarks are protected by U.S. federal law under the Lanham Act of 1946. There are three main requirements for getting a trademark:

The mark must be “distinctive” of the source, according to the U.S. Federal law guidelines.
The mark must not be barred from protection by statutory provisions. One of the main statutory bars is that a trademark must not be “functional.”
Finally, the trademark must be used in commerce to qualify for protection.

If a mark meets these three requirements then it does not necessarily need to be registered with the United States Patent and Trademark Office (USPTO) to be protected. However, registration has significant benefits.

Why should you register your trademark with the USPTO?

Federal registration of your mark is not mandatory, however, registering your mark has significant advantages:

Notice: Registering a trademark gives notice to the public on your claim of ownership of the mark. This also gives notice of the legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the products listed in your registration.
Protection Against Infringement: Trademark registration with the United States Patent and Trademark Office (USPTO) provides nationwide protection for your mark. It gives you the ability to enforce your rights throughout the United States, even in regions where you may not have an established presence. It also allows you to sue in court for injunctive relief as well as damages.
Safety of consumers: Trademarks offer protection for consumers as well. Consumers are able to point out exactly where their products or services are coming from and will be able to understand the rules and guarantees that come from that company.

How Can We Help?

At Abii Legal, our Houston-based trademark law team is committed to providing personalized, strategic, and cost-effective trademark solutions. We provide the following trademark services

Trademark registration
Trademark enforcement and litigation
Trademark clearance searches
Trademark licensing and assignments
Trademark portfolio management

Protecting your trademarks and maintaining a strong brand presence is essential in today’s competitive marketplace. Contact our Houston office today to schedule a consultation and let us safeguard your valuable trademarks and preserve your brand identity.