Trademark Lawyer in Dallas, Texas, Serving the United States

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. A trademark 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.

How to Protect a Trademark in Dallas, Texas?

Registering a trademark with the USPTO (or other registering agencies) is the best way to protect the trademark and avoid trademark infringement. 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. A senior trademark 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.

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 a trademark is 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.

Registering a Trademark in Dallas

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.

Hiring a Dallas Trademark Lawyer

Dallas, the Elaine Law Group has the experience and knowledge to help companies properly protect their trademarks. Questions of registration or infringement are common when dealing with trademarks, and they should not be ignored.

Contact an Elaine Law Group trademark attorney in Dallas, TX, today by phone at 214-432-3113, email legal@elainelawgroup.com, or by completing our online form under the contact tab.