Trademark Services in Mansfield, OH
Can you protect your username / handle on social media?
You’ve spent hours building your brand on social media. Protect your Instagram, Facebook, Tiktok, and Twitter handles by registering the username with the United States Patent and Trademark Office ("USPTO"). If you are successful in registering your social media username, you will be establishing its role alongside your brand. This can help prevent others from exploiting your reputation and the goodwill you have built up through commercial use of your username.
Social media handles are eligible for Mansfield trademark protection if they are used in connection with the goods or services you offer. This means that the handle must be distinctive and not merely descriptive of the goods or services you offer.
Treat your username or handle as a brand name and ensure that you are able to use it in commerce. This process begins with a trademark search, and if successful, a trademark registration application. This will ensure that no one else is using your name in an area of commerce that is similar to yours and prevent consumer confusion and diversion of sales. Axenfeld Law offers a full suite of services to help build, protect, and enforce your brand. This includes thorough assessment of your brand and the development of a strategy to protect your social media business.
What is Mansfield, OH 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 Mansfield, OH 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.
Mansfield Trademark Registration Services
Having a registered trademark can be valuable for protecting a company's intellectual property and brand identity. Mansfield, OHtrademark registration services are the process of obtaining official legal protection for a unique symbol, design, phrase, or name used to identify a brand. It is important to register a trademark to prevent others from using similar marks that could cause confusion for consumers. A registered trademark also grants the owner the right to take legal action against infringement. The trademark registration process typically involves a search for existing trademarks, filing of the trademark application, examination by the trademark office, and final approval or denial. The attorneys at Axenfeld Law Group specialize in registering trademarks and can help you navigate the process and increase the chances of successful registration.
What is a Cease-and-Desist Letter?
A cease-and-desist letter is typically the first step in protecting your Mansfield, OH 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.
What should you look for when hiring a Mansfield, OH trademark attorney?
An experienced Mansfield, OH trademark attorney can help you navigate the best way to register, maintain, and protect your trademark. Whether you are considering trademark registration, defending against accusations of trademark infringement, or enforcing your rights against trademark infringers, choose a trademark attorney who is familiar with all areas of intellectual property law. An attorney who can advise you not only on trademark matters but also trade secret law, patent law, unfair business practices, and copyright law will help ensure you are protected on all sides.
Finally, ask if the attorney has experience handling cases for the types of goods and/or services covered by your trademark. You will feel at ease knowing your attorney is familiar with the nuances of your industry.
What does a Mansfield 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.