FAQs

Q: Can I stop someone from using my mark in their internet domain name?

A: Yes. If your mark is registered we can file a Uniform Dispute Resolution Proceeding (UDRP) to obtain transfer of the domain name.


Q: MUST I have a lawyer to successfully get a trademark registration?

A: No, but there are enough complexities and risks that the USPTO (click here) recommends working with an experienced lawyer.  A private trademark attorney can help you before, during, and after the trademark application process, including policing and enforcing any trademark registration that may issue. An attorney may save you from future costly legal problems by conducting a comprehensive search before you file your application.  They also can help you during the application process with several things that could seriously impact your trademark rights, such as determining the best way to describe your goods and services and preparing responses to an examining attorney's refusals to register.  They also can assist in policing and enforceing your rights.   


Q: Must I register my trademarks?

A: You have common law rights without federal registration, but you will have to prove them in court. Registration keeps you out of court, and makes it easier for others to avoid misusing or infringing your trademarks.  Cease and desist letters are usually sufficient to get an infringer to stop.


Q: What happens if someone is using my trademark in a similar business?

A: It depends on who did business, where, first (common law, geographically limited rights) and who registered with the USPTO first (national rights).  We can investigate the your matter for you. 


Q: Doesn't my corporate name belongs to me?  

A: Trademarks rights are related to the specific goods or services associated with a distinctive name or logo.  A corporate name may conflict with another company's trademark unless the name is thoroughly researched. Federal registration of a corporate name is the only way to obtain national protection.  


Q: When should I register my name?

A: This is an individual buusiness decision. The more money you have invested in advertising, marketing, packaging, product labeling, signs, business cards, plus time building relationships, word of mouth and good will, the greater the value of your name.  Don't wait for someone to infringe before you register your rights.  Don't risk infringing accidentally, then losing your investments, time and effort.


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