Trademark Services in Great Falls, SC

Types of Trademarks

An attorney at Axenfeld Law Group can assess your potential Great Falls SC intellectual property and recommend seeking protection over one or more types of trademarks. This includes trademarks for words, designs, sounds, as well as the unique packaging (known as trade dress) for your product. A word mark is a trademark consisting of a word or phrase that identifies a product or service. This type of trademark can be either a standard character mark, which covers any use of the word in any font, or a stylized mark, which has a specific design element. A design mark is a trademark that consists of a unique graphic design, logo, or symbol that represents a product or service. A sound mark is a trademark that consists of a unique audio element, such as a jingle, tune, or sound effect, used to identify a product or service. Sound marks must be original and capable of being represented graphically. Trade dress is the overall look and feel of a product or packaging, and it can be protected as a trademark if it's distinctive and non-functional. An attorney at Axenfeld Law Group will guide the client in choosing the best type for their business.

What are the benefits of using a trademark attorney to apply for a Great Falls, SC trademark registration?

While U.S.-domiciled applicants do not need to hire a trademark attorney to prepare and file an application for their trademark, there are a number of benefits to having a U.S.-licensed attorney who specializes in trademark law represent you at the USPTO.

An attorney will be able to provide you with legal advice regarding your trademark, conduct a clearance search before you file an application (which will provide insight into the registerability of the mark and any potential issues that may arise during the application review process), prepare your application accurately to minimize office actions, communicate with the USPTO directly on your behalf, and shield you from fraudulent solicitations from third-party vendors.

While hiring an attorney to prepare your trademark application will increase the initial costs, it will likely save you money in the long term and will give you more peace of mind.

Trademark Search Services in Great Falls, SC

Trademark search services are an essential step in the trademark registration process, helping individuals and companies determine if their desired trademark is available for use and registration. A thorough trademark search can reveal any conflicting trademarks that could potentially prevent the registration of a new trademark. Axenfeld Law Group’s trademark search services include a review of existing trademarks in databases, as well as a search of common law usage, company names, and domain names. Based on your needs, we will research the relevant market for your goods/services, and are able to perform an international search as well. Utilizing Axenfeld Law Group’s trademark search service may avoid costly legal battles and disputes over trademark infringement. Axenfeld Law Group recommends all individuals and businesses conduct a comprehensive trademark search before applying for trademark registration to ensure the desired mark is available and to avoid wasting time and resources on an application that may be rejected or opposed.

What does a Great Falls design patent protect?

Whereas a utility patent covers an invention itself including the way it functions or its mechanical structure, a design patent protects only the appearance and design of the object. Put differently, a utility patent protects the way an invention is used and how it works while a design patent protects how it looks. Design patents may be obtained only where the ornamental features of the invention predominate over its functional features. An invention that is primarily utilitarian in nature is generally not protectable by a design patent. A design patent affords the patent holder the right to prevent others from making, using, or selling a product that resembles the patented product closely enough that an “ordinary observer” might confuse the infringing product for the patented one.