If you own or manage a business and your business dedicates significant time or money in developing its products or services, and you don't want others in the marketplace to take advantage of your brand, Wagenknecht can help.
Trademarks help consumers decide which products or services to purchase and which to avoid. We immediately recognize BIG MAC as being a McDonald’s hamburger, THE ULTIMATE DRIVING MACHINE as referring to BMW automobiles, and the SHELL design as referring to gasoline. By continually referring to your products and services under a trademark, customers will be able to recognize and choose your offerings over those of your competitors.
Consumers consistently pay a premium for branded products.In addition, branding your products or services under a trademark might allow you to increase your prices and generate more revenue.
Why Should you Federally Register Your Trademark?
A federally registered trademark allows the owner to use "®". This provides a clear warning to others that the name, slogan or logo is protected under federal law and therefore acts as a deterrent to copycats. Intentionally infringing a registered trademark can result in punitive damages.
Second, should you have to enforce your trademark in a trademark infringement lawsuit, a federally registered trademark includes a series of presumptions that do not have to be initially proven in court. Among these include the validity of the trademark and its ownership. The presumptions reduce the burden on the plaintiff asserting trademark infringement.
Third, a federally registered trademark is kept on record at the US Trademark Office. If someone files for a trademark that is confusingly similar to your federally registered trademark, the examining attorney will likely reject the later filed trademark application. The implication is that the US Trademark Office will police your mark over newly filed applications.
Fourth, if your business relies on Internet marketplaces, such as Amazon or Ebay, infringing products can be easily taken down using streamlined reporting procedures with the Internet markeplace.
Fifth, if you are seeking investment, a federally registered trademark is an asset owned by the company and therefore may provide additional value for investors.
Sixth, should you decide to file for trademark protection in foreign countries, a US trademark registration can provide a basis for foreign filing.
Our Trademark Services
From Amazon sellers to artists to celebrities to technology companies, Wagenknecht provides creative strategies for building and protecting brands. We can assist clients from all 50 states and from countries around the world. We understand the process can be confusing. Therefore, our trademark attorneys will guide you each step along the way. Our trademark attorneys:
Help define goods/services used in connection with the Mark
Conducting Trademark Clearance Searches
Prepare and File US and International trademark applications
Monitor trademark filings to police trademarks
Enforce trademarks in court and in cancellation/opposition proceedings
Counsel clients on how to properly use a trademark
Wagenknecht trademark attorneys provide comprehensive trademark representation. Our trademark attorneys help classify goods and services, and help clients choose which trademark application is best for their mark. Depending on your needs and preliminary work, Wagenknecht trademark attorneys can prepare and file a trademark application on a flat-fee basis. Our trademark services include:
Comprehensive searching using CORSEARCH technology
Search of App stores, online retailers, and common law use
US trademark applications
International trademark applications