All businesses may have the need to register trademarks, including company or division names, product brands, logos and slogans or taglines. Protection of a trademark prevents confusion in the marketplace relating to uniquely-identifiable brands and likewise protects the goodwill of a business symbolized by its marks. Trademark registration ensures that the marks are protected to the full extend allowable under U.S. trademark law. Our attorneys understand the necessity for protecting the public persona of a business through its trademark and are ready to assist clients with both the registration and protection of trademarks.
Protecting Your Business
A trademark is used to distinguish a business and its products or services from all others, so it’s important to protect that identity whenever possible. Marks are classified generally in categories that delineate increasing distinctiveness of the mark, and the more the mark is likely to be associated with a particular trademark owner, the greater the protection afforded to the mark under trademark law. Our intellectual property attorneys can advise clients on protected marks and then assist in the registration of those marks at the state, federal and international levels.
When a trademark is alleged to be infringed, the plaintiff must prove both that it has a protectable ownership interest in the trademark and that the other party’s use of that mark would likely create customer confusion. This “likelihood of confusion” is generally the central element in a trademark infringement case, but it is evaluated through a series of factors that each weigh differently in the equation. Our intellectual property team understands these factors has the experience to guide clients through the trademark litigation process and aggressively litigate a trademark claim
Our experience allows us to assist our trademark clients in the following ways:
- Conducting clearance searches to select protectable marks
- Prosecuting trademark applications with the United States Patent and Trademark Office (USPTO) as well as with state trademark offices
- Facilitating the registration of trademarks abroad
- Maintaining and renewing trademark registrations in the U.S. and abroad
- Negotiating and documenting transfers and licenses of trademarks
- Recording trademarks with Customs to help prevent the importation of counterfeit goods
- Protecting our clients' marks on the Internet
- Resolving trademark disputes through litigation, including practice before the Trademark Trial and Appeals Board of the USPTO.
Take the First Step to Success
To discuss the ways our attorneys can assist your business with registration of a trademark or to learn more about your legal issue that may lead to trademark infringement litigation, contact the firm online.
News & Insights
- Business Lexington, October 2019, September 26, 2019
- February 15, 2019
- January 16, 2019
- December 3, 2018
- Louisville Business First, December 29, 2017
- Attorneys from McBrayer law offices in Lexington and Louisville achieved a 2018 listing in U.S. News Best Lawyers in AmericaAugust 15, 2017
- Chambers USA 2016 recognizes McBrayer attorneys as 'Leaders in their Field'Chambers USA, March 29, 2016
- Jack A. Wheat joins the firm's Louisville OfficeJanuary 4, 2016
- They're Coming to Steal Your IdeasLouisville Business First, March 18, 2016
- The “Likelihood of Confusion” Test for Trademarks: What to Know When Creating Your Brand March 20, 2019
- McDonald's Learns a Trademark Truism: "Use It or Lose It" January 16, 2019
- Supreme Court Holds under First Amendment that Offensive, Disparaging Words Can Be Granted Trademark Protection July 11, 2017
- No More Audit Anxiety: Why an Intellectual Property Audit is Nothing to Fear June 13, 2017
- Jack A. Wheat - Attorney Biography