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Trademarks

Protecting your business name or product label is one of the most important considerations for your business livelihood. The Quinn Law Firm offers experienced professional representation for registering, maintaining and enforcing your rights to your trademarks.

Registrability Search – We conduct registrability searches on proposed trademarks to determine whether there are registered trademarks which are exact match or similar in sound, appearance and meaning which would be likely to cause confusion in the minds of consumers as to the source of goods in commerce. Our searches are conducted by a thorough and reliable search provider, investigating records available through the United States Patent and Trademark Office and foreign trademark records. We analyze each search, prepare a report of trademarks of interest found in the search and provide an opinion on registrability of the trademark.

Application – We offer our clients expert legal assistance in preparing and prosecuting trademark applications in the United States Patent and Trademark Office and in any foreign country in the world.

Maintenance – Once a trademark is registered, we monitor trademark maintenance deadlines and assist clients with fulfilling periodic maintenance requirements in the United States Patent and Trademark Office and in foreign countries. Trademark maintenance in the United States requires proof of use of the trademark before the 6th year of registration, at the 10th year and for consecutive ten year terms.

Infringement and Enforcement – We offer experienced legal assistance to our clients with infringements against their trademarks or regarding allegations of infringement. Our services range from simple negotiations to full infringement litigation, drawing from our experienced trademark and litigation lawyers.

International – Our services include trademark search, application, prosecution, maintenance, enforcement and infringement counsel in any country in the world.

Trademark Watch Service – We offer watch services in the following categories:

  • Pending U.S. Trademark Applications Watch
  • Worldwide Trademark Watch
  • Color Pending Application Watch
  • Design Pending Application Watch
  • Ownership Pending Application Watch (monitor competitor, business or individual)
  • State Trademark Watch
  • Domain Name Watch
  • Domain Typosquatting Watch
  • Trade Name Watch (matches trademark against Business Name database)
  • Common Law Watch (matches trademark against Business Name, Common Law and Domain Name Databases)

Our trademark watches are conducted by a large and reputable watch service which reports notices of identical and phonetically identical marks in all International Classes, plus confusingly similar marks in selected classes. Our lawyers analyze all trademark watch notices and provide recommendations to our clients for opposition to threatening marks.

Why register a trademark?

In deciding whether or not to register a trademark, the primary consideration is keeping competitors from using confusingly similar names in the marketplace. A registration provides the following advantages to a trademark owner in enforcing these rights:

  • Such registration is constructive notice of your claim of ownership of a trademark.
  • The certificate of such registration is evidence of the validity of the registration, of the registrant's ownership of the mark and of his exclusive right to use the mark in commerce, and facilitates proof of prior use. The certificate is admissible in evidence in a court of law.
  • Such registration and your right to use the mark becomes incontestable after five years continuous use subsequent to registration in which event the registration then constitutes conclusive evidence of your exclusive right to use the mark.
  • Such registration entitles you to request the customs authorities to stop the importation into this country of any goods bearing an infringing trademark.
  • Such registration entitles you to institute all actions based thereon in the federal courts, regardless of the amount in controversy and diversity of citizenship. The advantages of federal court procedures are (a) more extensive pre¬trial examination privileges, and (b) the broader relief available.
  • Such registration gives you additional remedies for the protection of your rights: Injunction and action for treble damages against infringement of your mark and the right to request the cancellation of marks improperly on the Register. These remedies are in addition to the remedies against unfair competition which would be available to you regardless of registration.

The major advantage of registration is the ability to more effectively protect your name.

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