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TRADEMARK FILING

To help create brand value, companies often file for trademarks to set themselves apart from the large fields of competitors. By creating a recognizable name for products and services, companies can help get a higher price by creating a brand that gets more than simply the going rate for a good or product. It is also critical in helping consumers to remember your Company or product and to purchase it.

At the Law Offices of Nicholas D. Heimlich we can help you file for trademarks for your good or product, from the filing to registration with the United States Trademark Office. Should your Company have global ambitions, we can also contact foreign associates on your behalf in other countries to obtain a quote for such services.

In today’s marketplace one way to distinguish your business is with a catchy name or design that is affixed to your product or accompanies the product or service. Famous trademarks include Coca Cola®, Disney Frozen™, Google®, and many others. By using unknown or made up phrases, one creates a unique impresson in the mind of the consumer that can make your business more valuable. Careful consideration should be given to the choice of the selection of the mark as it will impact your legal protection. Also important to consider is the type of search for similar marks as searching for similar marks can help you avoid a competitor already using the same phrase. Balanced against a comprehensive search is the available financial resources to contribute to the trademark process. Finally, if you intend to sell your goods or services internationally, then you should consider applying for trademarks in other countries.

Trademarks are something that some people think is simple, but in fact are very complicated and mistakes are often made by people who haven’t done many trademarks or try to do it themselves. Like many legal mistakes, a business will not know they have made a mistake in a trademark application because the mistakes are revealed in disputes often long after they were made.

TRADEMARK LITIGATION

After creating your unique product or service, it is critical to protect it. We have represented trademark owners in trademark litigation both in Federal Courts and before the Trademark Trial and Appeal Board. We have also defended persons accused of infringing other trademarks.

Trademarks are an area of law that seems simple, but is actually pretty complex when you get to resolving disputes or taking the best strategy to deal with a trademark dispute. Please contact us if you need assistance with a trademark dispute.

After all of the effort to develop a product or service and then to create a catchy trademark for your product, you need to protect it against infringers. If you are not diligent in policing your trademark you could not only dilute the value of your trademark because customers won’t value it, but you may also waive your rights to the trademark. Customers expect a trademark to have consistent value and quality and if your competitors are allowed to copy your trademark and you don’t take legal action, the value of your trademark is much diminished. We have represented trademark owners in legal disputes before the Trademark Trial and Appeal Board, and in Federal Court.

Conversely, some companies go beyond protecting their valid trademarks to using them as an anti-competitive way to prevent competitors from providing similar products that don’t infringe trademarks. We have represented clients in trademark disputes before the Trademark Trial and Appeal Board, and in Federal Court.