Patent Services in Towanda, PA
Someone stole my brand, what can a Towanda 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.
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What are the benefits of using a trademark attorney to apply for a Towanda, PA 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.
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Towanda PA Trademark Protection for a Service
A trademark can protect a service, just like a product. A service trademark is used to identify and distinguish the services of one company from those of others in the same industry. Service trademarks play an important role in protecting a company's brand identity and reputation, and help customers differentiate the company's services from those of its competitors. Service trademarks are registered with the same process as trademarks for goods, while receiving the same legal protection. Registering a service trademark provides the owner with exclusive rights to use the trademark to promote and sell their services, as well as the ability to take legal action against anyone who infringes on their trademark rights.
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 Towanda 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.