Protect Your Brand Identity
Trademarks apply to goods, while service marks apply to services. The relevant laws and business considerations in adopting trademarks and service marks are the same. Trademarks are about clear and distinct communication to customers, providing shorthand messaging as to source and quality. Words, slogans, graphic designs, symbols – and even sounds, scents, and colors – can function as effective trademarks. Franco Patent Law brings decades of experience to the process of design, selection, and legal protection of trademarks and service marks.
Trademark Services
Trademark Searches
A proposed mark must be assessed for its ability to function as a trademark and be registered. A trademark lawyer initially assesses whether a candidate trademark is sufficiently distinctive and not generic or merely descriptive. After initial assessment, a full search is conducted to determine whether the mark is confusingly similar to any existing trademarks.
Trademark Applications
Many factors inform trademark filing strategy. A trademark can be textual, graphic, or a “composite mark” that is both textual and graphic. Filing strategy can involve optimizing protective scope and cost. Also considered is whether to file on the basis of actual use or intent to use. Franco Patent Law has assisted in the design, selection, and protection of hundreds of trademarks. We advise on the best available filing options to achieve your goals.
Trademark Prosecution
A trademark examiner compares an applied-for mark with prior registrations and pending applications. The examiner may issue an “office action” objecting to or refusing registration on any of several legal grounds. During trademark prosecution, the trademark applicant’s attorney responds to each office action until a final registration decision is made. Over three decades, Franco Patent Law has prosecuted hundreds of trademark applications.
Trademark Oppositions
Successful trademark prosecution includes publication for opposition of the applied-for mark. During a 30-day opposition period, a third party can oppose registration in a proceeding known as an Opposition. A Cancellation Proceeding is an analogous process for canceling an existing registration. Both of these proceedings are filed with and conducted by the Trademark Trial & Appeal Board (TTAB). Franco Patent Law has experience both bringing and defending such proceedings before the TTAB.
Infringement Analysis
Trademark infringement analyses can be viewed from two perspectives. From the first, a trademark owner might believe that its trademark is being infringed by another party. From the second, a user or potential user of a mark may be concerned about infringing another trademark. Franco Patent Law advises clients from both of these perspectives, providing infringement opinions that guide business and branding decisions.
Geographic Applications
In addition to US federal registration, trademarks can be registered in any of the 50 individual states and/or internationally. Foreign registration can be pursued through direct national filings. Alternatively, a single application can be filed through the Madrid System for the International Registration of Marks for protection in over 120 countries. Franco Patent Law devises and pursues efficient filing strategies tailored to each client’s specific territorial needs.
Samples of Our Trademark Work
US Trademark Registration 7296706
Get in Touch
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