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The Law Office of Joan I. Norek |
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Intellectual Property |
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Chicago, Illinois |
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More on Trademark Issues
Trademarks -- Your registration will be only as valuable as the professionalism of the attorney who handles the pre-filing issues. Whether or not there are obvious conflicts is not the only serious pre-filing issue. Trademark selection and protection is very counter-intuitive, and when you are left without pre-filing professional input, you are making a significant investment in a trademark without knowing: 1. The extent to which the trademark will be defensible. Will the registration provide you with the scope of protection that you assume will be yours. 2. The best registration format for your trademark. A registration can be sought for a trademark in standard character form, stylized or in a logo. Which is best for you and your trademark? Many, if not most, will fail to select the best format. Trademark law is very counter-intuitive, and other issues are not considered. 3. Whether the way you use, or plan to use, the trademark is sufficient. Trademark rights ultimately stem from commercial use. You don't go the the USPTO and "buy" a trademark. The way you use your trademark can make or break the trademark rights you expect to have. 4. Whether you are filing into a pack of trouble. There are scams out there, and some of the scammers use the USPTO and even the federal courts to accomplish their scams. The ones I have seen will cost you thousands to get out of, if your use of your trademark has started. And the scammers will just sit there and wait for you. A pre-filing search without checking for unusual USPTO activity in your area can turn into a tragedy. 5. The best application format. A registration can be filed as a use-based or intent-to-use application. The choice between one or the other is not as obvious as it may appear. If you say the trademark has been used, is anyone seriously checking to make certain your conclusion is correct? If it is wrong, even innocently, the whole registration process can be wasted. And there may be advantages to using one format over the other when you have that option. 6. Which products and/or services should be claimed. You might be paying more for less if the issues of what you are selling now, and what you might sell in the future, are not considered before that registration application is filed.
Catching the problem areas before
they become your problem is a simple process,
other topics - naming and branding, oppositions, trademark searches, trademark registrations, domain names, slogans
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