Trademark Services in Livingston, TX

What is Livingston, TX trade dress?

Trade dress is the overall commercial look and feel of a product and can include the product’s packaging, features, or a combination of features. In order to be protectable, the Livingston, TX trade dress must identify the source of the product and distinguish it from the look and feel of other products. A product’s trade dress must also be (1) distinctive – it must identify and distinguish the source of the product; and (2) non-functional – it must not be essential to the use of the product or affect its cost or quality. If the trade dress is not inherently distinctive, it can still be registered if the owner can show that it has acquired secondary meaning.

How can a Livingston patent attorney protect an idea?

An idea can be protected by a patent if the idea constitutes an invention. An idea may be considered an invention under U.S. patent law if it is a new and useful process or machine, or a new and useful improvement to an existing process or machine. Abstract ideas are not patentable, and your invention cannot be something that would be obvious to an ordinarily skilled person in the field of the invention. Your idea must also be detailed enough that it can be described in such a way that an ordinarily-skilled person could make and use the invention based on that description. A patent attorney can help make sure your idea meets the requirements of a patentable invention, and secure protection for that idea by preparing and filing a patent application with the U.S. Patent and Trademark Office (USPTO).

Types of Trademarks

An attorney at Axenfeld Law Group can assess your potential Livingston TX 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.

The benefits of filing a provisional patent application in Livingston

A provisional patent application is a document issued by the U.S. Patent and Trademark Office ("USPTO") that protects an invention for a year before a formal patent application is filed. Filing a provisional patent application has several important benefits to inventors and entrepreneurs. Firstly, provisional patent applications have less formal requirements and are more cost effective than nonprovisional applications. Secondly, they allow inventors to begin commercially promoting their invention immediately without fear of having it stolen. Thirdly, a provisional patent application serves as the effective date of filing for the invention, allowing inventors twelve additional months on the term of their patent grant and the right to use the term "patent pending."

What is a Cease-and-Desist Letter?

A cease-and-desist letter is typically the first step in protecting your Livingston, TX trademark rights once you determine that a third party is using your mark without authorization. The purpose of a cease-and-desist letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. It also typically puts the alleged infringer on notice that if they do not stop their unauthorized use, they may face further legal action, such as a lawsuit.

While this letter does not need to be prepared by an attorney, a trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand. Furthermore, an unauthorized user is more likely to respond favorably to a letter from an experienced attorney. When successful in getting the alleged infringer to cease their unauthorized use of a mark, demand letters are the most cost effective and efficient way to resolve a trademark dispute.