Trademarks Attorneys in Georgia

Providing Legal Services Regarding Trademark Law

Using logos and slogans can help your company stand out amongst the competition and foster brand recognition for new and current customers. Fast food restaurants, gas stations, and clothing stores all use images and specific phrases to engage their customers and build a reputation. But if any other business can use your same logos and slogans, it can create confusion and keep you from being able to realize your full profits. Trademarks are a way of legally protecting these items to ensure that only your business can use them for brand recognition in the industry.

When it comes to protecting your valuable intellectual property, you need legal assistance from experienced trademark attorneys who know how to register trademarks and handle trademark infringement cases. At InPrime Legal, we have helped dozens of clients in Marietta and across Georgia protect their intellectual property through trademarks and licensing.

What Is a Trademark?

A trademark is a type of intellectual property protection that applies to graphics and phrases used by companies as part of their branding. The United States Patent and Trademark Office defines a trademark as “a word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” The term “trademark” is often used as a broad category, but there are also service marks. Trademarks are used by companies who sell goods, while service marks are used by companies who sell services. For example, a clothing store would use a trademark, while a cleaning company would use a service mark.

It’s important to note here that the protections involved with trademarks and service marks are not unlimited. You may have heard that once you trademark something, no one else can use it without your permission, but this isn’t exactly true. Trademarks generally only apply within an industry. For example, if you use a logo or slogan for a fast food business, other fast food businesses wouldn’t be able to use your designs. But a furniture company potentially could because they are in a different industry, and there would be no confusion or loss of brand recognition between the two industries. This can be a legal gray area, so it’s important to work with a trademark attorney when deciding what you want to trademark or if someone else is using your intellectual property illegally.

How Do You File a Trademark With the Trademark Office?

Applying for a trademark is a fairly straightforward process, especially if you’re working with an intellectual property attorney. The first step in the trademark registration services process is to decide what you want to trademark. This is often the most difficult part of the process because you need to ensure that no one else already has the trademark and that it can be legally enforced. Some marks may be too vague or general to actually be able to provide intellectual property protection.

As part of your application, you will need to choose a mark format, which can be either a sound mark, a stylized/design mark, or a standard character mark. You will also need to identify which goods and services you want the mark to apply to. An intellectual property attorney can help you search the trademark database to ensure that someone else hasn’t already trademarked that design. When you’re ready, you can complete your application online with the United States Patent and Trademark Office. It can take several months to receive a decision.

What Can You Do If Someone Uses Your Trademarked Intellectual Property?

The benefit of protecting your intellectual property through trademarks and service marks is that you have legal recourse if someone illegally uses your product. While it is possible to file a civil lawsuit with the federal courts, these cases generally start with a less aggressive approach: the cease-and-desist letter. This is a letter that your lawyer will send out to let the person know that they are in breach of a registered trademark and that they have to stop using it immediately. If they continue to use it, you can move forward with a legal case.

What happens if the entity stops using your trademark but their use has left you with financial losses? In this case, you may be able to go through a mediation or arbitration process to recoup the money you lost without having to go through a lengthy court process. If you have concerns about this process, talking with an attorney is your first step in understanding your options.

Do Trademarks Expire?

An important part of trademark protection is understanding how long a trademark is good for. Trademark law allows a trademark to be used indefinitely, but you do have to keep up with the regular maintenance paperwork to avoid expiration. Most trademarks need to be renewed every 10 years. To avoid gaps in your protection, it’s important to start the renewal process before your trademark is set to expire.

Can Trademarks Be Used Internationally?

Many businesses only operate on a local basis, but some companies have plans for international growth. It’s important to note that trademarks do not offer any international protection. Trademarks are only valid in the country it is filed in. However, once you have a registered trademark in the United States, you can apply for a trademark in any country under the Madrid Protocol through one application. This allows you to potentially register the trademark in 92 countries.

Intellectual property law is complex, and you need the knowledge and experience of a trademark lawyer to help you with your legal needs. InPrime Legal is a full-service business law firm that includes intellectual property protection services. Call 770-282-8967 to schedule a consultation with a trademark lawyer in the Atlanta, GA, area.