Trademark Lawyer in Dallas, Texas

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 and copyrights. 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.