Trademarks are used by businesses as a means to sell goods and services. Indeed, for many businesses trademarks are critical to their success. A trademark is used to distinguish the goods and services of one business from those of another business. In addition, a trademark serves to identify the source of the goods and services. The theory behind trademark law is to prevent consumer confusion in the marketplace. To obtain a valid United States Trademark Registration a trademark application identifying the trademark and the goods or services for which the trademark is sought is filed in the United States Patent and Trademark Office. An Examining Attorney at the United States Patent and Trademark Office will make a determination as to whether the trademark being sought may be registered in view of all the other trademarks already in use for similar goods or services.
Trade dress of a product is its total image and overall appearance, which may include features such as size, shape, color or color combinations, texture, and graphics.
Licensing agreements are used to fully exploit the potential of your intellectual property by granting certain rights to another party in exchange for fees or royalties. Licensing agreements may be used in connection with patents, trademark, and copyrights.
Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The success of a lawsuit to stop the infringement turns on whether the defendant’s use causes a likelihood of confusion in the average consumer. Contact Del Vecchio & Stadler LLP to learn more about trademark services.