Trademark Attorney in Houston, TX

What is a Trademark?

A trademark is any word, phrase, name, symbol, sound, or design that identifies and distinguishes the products of one company from those of another. Trademarks should uniquely identify the company’s products and differentiate them from those made or sold by others. To protect intellectual property, there are two types of trademark rights: (1) common law rights and (2) rights arising from federal registration.

The Lanham Act governs trademark registration and the protection of federally registered trademarks, which protects registered owners against the use of similar marks.

It is not required that a person register a trademark. If a creator uses a mark without registering it with the USPTO, there are provided some protections under common law, but it may be more difficult to defend against similarly registered marks.

What is a Patent?

A patent is a form of intellectual property that provides the exclusive right to an inventor to produce, sell, and use their invention for a specific period, typically 20 years from the filing date. This invention can be a product, process, machine, chemical composition, or any new and useful improvement of these categories.

The United States Patent and Trademark Office (USPTO) oversees the granting of patents, ensuring that inventions are novel, non-obvious, and adequately described and claimed by the inventor.

While acquiring a patent is not mandatory, it serves as a public record of the inventor’s right, thereby offering protection against unauthorized production, sale, or use of the invention. If an inventor does not patent their innovation, others can legally make, use, or sell the invention without any recourse for the original creator.

How to Protect a Trademark in Houston, Texas? How Trademark Lawyers Help

The most effective way to protect a trademark and prevent infringement in Houston, Texas, and across the United States is to register it with the USPTO (or other relevant agencies). The confirmed registration is the best proof of trademark security, ownership, and avoidance of confusion.

Demonstrating that the mark is distinct from any other entity is likely to reduce confusion and the possibility of infringement. A registered mark is known as a senior trademark when compared to one that is not or one that was later registered. Senior trademarks will always take priority when in question.

The number one priority in creating a trademark should be to register that trademark in order to protect and stand up to claims of infringement.

Having a senior trademark will make it more distinct, avoid confusion or mistake, show that it does not share any defining similarities with existing trademarks, and, most importantly, it shows the person owns and controls the trademark.

Our Trademark Lawyer Services

At Elaine Law Group, we specialize in protecting your brand’s identity in a competitive marketplace. Our services encompass trademark selection, registration, and active monitoring against potential infringements. We assist in navigating the intricacies of trademark disputes and licensing negotiations, ensuring your brand stays safeguarded. With us, your trademark receives vigilant care and expert legal guidance.

Trademark Attorney services may include, but are not limited to:

• Trademark Search and Selection
• Trademark Registration
• Trademark Renewal
• Trademark Monitoring
• Infringement Analysis
• Opposition Proceedings
• Trademark Licensing and Assignment
• Cease and Desist Actions
• International Trademark Filings
• Portfolio Management
• Trademark Consultation and Strategy
• Brand Protection and Enforcement
• Cancellation Proceedings
• Domain Name Disputes
• Interstate commerce guidance

What is Trademark Infringement?

Trademark infringement can occur if a person or entity does not take the necessary precautions to safeguard its intellectual property. When trademarks are used illegally or without authorization, it causes confusion amongst consumer groups as to the source of origin, between the original trademark holder and the infringing mark.

• A mark is being used in a way that causes infringement when:
• The mark is valid and eligible for legal protection under federal law,
• The mark’s owner files the infringement claim,
• The illegal or unauthorized use of the mark must be in connection with the sale or advertising of services or goods, AND
• It must be used in commerce.

The primary component of trademark infringement is the creation of confusion.

Courts will consider many factors to determine the likelihood of confusion, including the similarity of the marks, the goods or services offered by the two parties, the recognizability of the mark, evidence that the unauthorized use of the mark caused confusion, the intention behind the unauthorized use of the mark, and increased sales or benefits due to the use of the mark. At our law firm, our attorneys use their years of experience to help clients avoid infringement and enforce trademark protections against those who infringe. Schedule a consultation below.

Registering a Legal Trademark in Houston, Texas

The first step in protecting your company’s intellectual property is to register and trademark your brand name, slogan, or symbol. To trademark a company’s name or other intellectual property, we  first suggest conducting a comprehensive trademark search to ensure that the name you wish to trademark is not already registered as a trademark.

A preliminary search is possible using the USPTO’s Trademark Electronic Search System. Please note that a search of the TESS is not all-inclusive, and a more comprehensive search, including common law, web-based and global registrations, is strongly recommended. Contact us today for a comprehensive trademark search!

Once the search is complete, it is then time to prepare the trademark application, as long as the name is cleared and not in use. You can file for a name that is already in commercial use or one that you intend to use in the future. Once the application is complete, there are two filing options: TEAS Plus and TEAS Standard.

After filing the application, the applicant is then given a confirmation and serial number that can be used to check the status of the application. Once the application has been assigned an examining attorney;  reviewed; any office actions issued and responded to; and finally approved, the applicant will receive a notification that their trademark is now properly registered and protected through USPTO.

The Two Types of Trademark Rights

To better understand trademarks it is essential to understand that there are two primary types of rights that offer protection to creators and businesses:

Common Law Rights: These rights arise naturally from the actual use of a trademark. Even if a business, firm, or individual hasn’t officially registered their mark with the USPTO, they still obtain certain rights by merely using the mark in commerce. These are called common law rights. While they do grant some protections, they are geographically limited based on where the mark has been used and might present challenges when trying to enforce them against other entities, especially those with registered trademarks.

Federal Registration Rights: These rights come into play once a trademark is formally registered with the United States Patent and Trademark Office (USPTO). Governed by the Lanham Act, a federally registered trademark provides the owner with robust protections against potential infringements. This includes a legal presumption of ownership of the mark across the entire United States and an exclusive right to utilize the mark in relation to the goods/services listed in the official registration.

Understanding the distinction between these two rights is pivotal for businesses and individuals alike to effectively strategize their trademark protection and enforce their rights against potential infringements. Our Houston trademark attorneys, with their extensive experience, assist clients in contesting trademarks and comprehending their trademark rights to foster brand growth and legacy expansion. You can book a consultation with a trademark lawyer here.

Why Hire a Trademarks Lawyer From Our Law Firm?

Navigating trademark protections, registration, and enforcement with the help of intellectual property attorneys can ensure that you and your business take the right steps toward protecting your unique trademark. By ensuring the right protections, you can continue to invest and grow your brand with confidence. Elaine Law Group in Houston, Texas, possesses the expertise and insight needed to help businesses effectively safeguard their trademarks. Questions of registration or infringement are common when dealing with trademarks, and they should not be ignored.

Our law firm is dedicated to delivering trademark services in Houston, TX, and the surrounding areas within Harris County.

To arrange a consultation with a trademark attorney from Elaine Law Group in Houston, TX, today, call us at 000-555-1234, email legal@elainelawgroup.com, or fill out our online form on the contact page.