Trademark Services in Mayville, NY
How do I protect a name?
You can protect your business or product name from being used or diluted by a competitor with a trademark. A trademark is an intellectual property right that gives you the right to exclude others from using your name in a confusingly similar manner. There are several ways to acquire a trademark, including through state agencies or simply through use in commerce, but the way to obtain the greatest amount of protection is to register your name with the U.S. Patent and Trademark Office (USPTO). A Mayville, NY trademark attorney can help you file a federal trademark application, and if granted, you will have the right to enforce your trademark throughout the entire United States. You will also have a legal presumption that you own the trademark. Anyone who sues to challenge your trademark will bear the burden of proving otherwise.
The benefits of filing a provisional patent application in Mayville
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."
Someone stole my brand, what can a Mayville trademark attorney do to help me?
If you discover that someone is using your brand without authorization, there are a number of steps you can take to protect your rights. While each situation is nuanced, typically the first step is to send a demand letter (also known as a cease-and-desist letter). The purpose of a demand letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. A trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand.
Demand letters are the most cost effective and efficient way to resolve a trademark dispute. However, in some cases, the unauthorized user may ignore the letter or simply refuse to cease their unauthorized use of your trademark. In this instance, the next step is to consider whether to file a lawsuit. Because there are many factors to consider when deciding to file a lawsuit, such as cost and potential outcomes, it is important to speak with an experienced trademark attorney for guidance.
While trademarks are the subject of both federal and state law, federal law provides the main source of trademark protection. As a result, working with an attorney who specializes in trademark law is generally more beneficial than working with an attorney who practices in a certain state but who has less familiarity with trademarks.
Axenfeld Law Group, an intellectual property firm that specializes in trademark matters, is here to help you enforce your trademark rights. Robert Axenfeld is currently licensed to practice law in the Commonwealth of Pennsylvania and the District of Columbia, and regularly handles trademark matters before the U.S. Patent and Trademark Office (“USPTO”) and federal courts.
What are the benefits of using a trademark attorney to apply for a Mayville, NY 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.
What is a registered Mayville, NY patent attorney?
A registered patent attorney is an attorney who is, in addition to their state law license, also licensed to represent clients before the U.S. Patent and Trademark Office (USPTO). Generally, only practitioners who are specifically qualified by the USPTO may file and prosecute patent applications. In order to be registered by the USPTO, a patent attorney must have a Bachelor’s degree or higher in a technical field (e.g. engineering, physics, chemistry, biology) and must pass a special USPTO exam, often called the “Patent Bar,” separate from the bar exam that all lawyers must take. Not all patent practitioners are lawyers; patent agents are practitioners who are qualified to file patent applications but are not licensed to practice law. Unlike patent agents or unregistered attorneys, a registered patent attorney can both render legal advice and also file and prosecute patent applications.
How can a Mayville 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).