A TRADEMARK is a word, symbol, or phrase, used to identify
a particular manufacturer or seller's products and distinguish
them from the products of another. For example, the
trademark "Nike," along with the Nike "Swoosh," identify the
shoes made by Nike and distinguish them from shoes made
by other companies (e.g. Reebok or Adidas). Similarly, the
trademark "Coca-Cola" distinguishes the brown-colored soda
water of one particular manufacturer from the brown-colored
soda of another (e.g. Pepsi). When such marks are used to
identify services (e.g. "Jiffy Lube") rather than products, they
are called service marks, although they are generally treated
just the same as trademarks.
The key to obtaining trademark rights is first use. If you
have an idea for a new mark or brand name; or, if you are
thinking of starting a new business, it is important to protect
the brand name of your product and/or the name of your
business in order to prevent others from capturing your
market share. One way of protecting the name and good will
of your business and your products/services is by obtaining a
registered trademark.
Our intellectual property attorneys are all very skilled and
knowledgeable on the ever-changing landscape surrounding
trademark law and registration of trademarks. They have
each registered literally hundreds of trademarks with the
United States Patent and Trademark Office and their many
years of experience enable them to assist clients in
selecting trademarks and service marks for registration
which they will then be able to use and protect in
accordance with their long-term objectives.
Additionally, participation in adversarial proceedings before
the Trademark Trial and Appeals Board (TTAB) of the U.S.
Patent and Trademark Office is another significant facet of
our practice. Our intellectual property attorneys are well
versed in opposition, cancellation and concurrent rights
proceedings before the TTAB. These proceedings provide an
important and economical service for resolving many
trademark-related disputes.
TRADE SECRETS
A TRADE SECRET is information that is both "secret" (not
generally known in the trade or readily discernible) and
commercially valuable to its owner. Typical trade secrets
include secret recipes, compositions of matter, formulas,
processes, patterns, devices or compilations of information
such as customer lists and business plans. Trade secrets
are protected under state law against theft by others. Trade
secrets can be lost when the owner does not protect the
confidentiality of the information, or when a third party
independently develops the information and makes it public.
Our intellectual property attorneys are knowledgeable on
statutory and common law rights which govern and protect
trade secrets. If you think someone has stolen your trade
secret and is now using it for their own commercial
advantage it is important to know your rights and
immediately contact a friendly and knowledgeable
intellectual property attorney.
These materials have been prepared for informational purposes only and are not
legal advice. This information is not intended to create, and receipt of it does not
constitute, a lawyer-client relationship. Internet subscribers and online readers
should not act upon this information without seeking professional counsel. Do not
send us information until you speak with one of our lawyers and get authorization
to send that information to us.
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