Trademark Counseling

An increasingly global economy in combination with decreasing manufacturing costs and an explosion of online retailers, wholesalers and drop shippers, has lead to a flood of copycat products and piracy. Therefore, the risk of losing market share to inferior knock-offs is higher now than ever.

Simply protecting names and logos won’t prevent others from ripping off product designs and selling them online. Further, large online retailers often require IP be established before removing counterfeit products. Wagenknecht goes beyond filing trademark applications on names and logos. Wagenknecht counsels clients on how to develop distinguishing brand elements and combines patent and trademark expertise to protect shared ornamental features across brands. This approach broadens protection and increases brand equity.

Wagenknecht trademark attorneys:

  • Conduct world-wide trademark searches
  • Counsel clients on the development of distinctive product design
  • File use-based and intent-to-use trademark applications
  • File Madrid Protocol international trademark applications
  • Represent foreign companies before the US Trademark Office
  • Oppose and defend against trademark oppositions
  • Send and respond to cease and desist letters

 

® vs TM

The symbol ® indicates a trademark is federally registered; whereas, the symbol TM refers to a trademark that this not federally registered.  Benefits to a federal registration include:

  • Right to use the symbol ®
  • Right to file a trademark infringement lawsuit in federal court and include monetary remedies
  • Preventing the registration of confusingly similar marks by others
  • Serve as the basis for an international trademark application

 

Principle vs Supplemental Trademark Register

Trademark registration can include registration on the Principle Register or the Supplemental Register.  The Principle Trademark Register is for trademarks that are inherently distinctive or have acquired distinctiveness over time.  The Supplemental Trademark Register is for Trademarks that are descriptive, yet can be used over time to acquire distinctiveness.  Benefits of Principle Register include:

  • Presumption that the mark is valid
  • Presumption that the registrant is the owner of the mark
  • Presumption that the registrant has the exclusive right to use the registered mark
  • Constructive notice of a claim of ownership

 

Please schedule a consultation with our trademark attorneys to discuss how  trademark registration can increase your brand equity.