Trademark Services in Chesterfield County

What is a Cease-and-Desist Letter?

A cease-and-desist letter is typically the first step in protecting your Chesterfield County 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.

Chesterfield County 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.

What if someone posted my photo and removed my Chesterfield copyright information?

“Copyright Management Information” (or CMI) includes the identifying information about a work’s copyright owner, among other things. Digital Millennium Copyright Act created a separate prohibition from knowingly removing or altering Copyright Management Information. If someone has knowingly removed your watermark, the title of the artwork, the year it was created, your name, or certain other identifying information from your photo before posting it to social media, you may have a cause of action against that person. The key is that the other person must have known, or had reason to know, that their actions would induce, enable, facilitate, or conceal an infringement. The attorneys at Axenfeld Law can assess your options and determine the best course of conduct to enforce your rights.

What are the benefits of using a trademark attorney to apply for a Chesterfield County 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 should you look for when hiring a Chesterfield County trademark attorney?

An experienced Chesterfield County 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.