The McHattie Law Firm’s attorneys are renowned for their expertise and acumen with the law governing the creation, protection and infringement of trademarks. Trademark law governs the protection of names, marks, logos, slogans, sounds, colors, scents, and other commercial “indicia” of source for goods and services. Trademark law seeks to protect consumers from being confused about the source of a product or service. Trademark law includes protection of marks used in connection with services (a “service mark”); “trade dress” for 3-dimensional designs such as packaging or store décor; and has been extended to protect established or famous marks from being diluted or tarnished through association with an inferior product or service. In addition, trademark law may sometimes be used against a mark owner, for example if that owner has allowed the mark to become generic for a product or service through improper use or has “abandoned” use of the mark, and thus making it available for adoption by another party.
While trademark rights begin immediately and automatically from the time of use (common law rights), registration of a trademark with the United States Patent and Trademark Office imparts significant additional rights and protections, including nationwide rights and important legal presumptions, such as validity and ownership.
Our trademark attorneys can help guide your selection of a strong mark, research its availability and whether it is entitled to registration, assist with the registration process, and help you protect it for years to come. We are able to facilitate all facets of the trademark process and have experience before the United States Patent and Trademark Office, the Trademark Trial and Appeal Board and the State and Federal Courts.
The McHattie Law Firm, with our depth of experience in all aspects of intellectual property, including licensed patent attorneys, is uniquely equipped to deal with modern businesses’ most valuable assets, intellectual property. From creation to licensing and sale, we stand ready, willing and able to serve your needs, identify opportunities, and develop solutions for your problems. We have the experience to help you obtain global intellectual property protection (whether a patentable invention, a copyrightable creative work, a trademark, software or a trade secret), in an efficient and effective way. Thereafter, we offer advice to help you exploit and profit from your innovation and investment.