Trademarks are marks, designs, words, phrases, logos, and other things that distinguish a company or business as the commercial source for some particular goods and/or services. Once established, trademarks are valuable business assets. For example, famous trademarks like APPLE and its famous apple-shaped mark are generally considered to be worth millions of dollars — if not hundreds of millions.

In the United States, trademarks are legally protected by the common law and the Lanham Act. The Lanham Act creates a mechanism for registering trademarks through the U.S. Patent and Trademark Office (“USPTO”). Registration of a trademark provides nationwide coverage and protection for a trademark.

Trademarks can also be registered at the State level in the United States based on State-level statutes that are similar to the Lanham Act. Similar legal protections are provided by those statutes. There are also a dozen or so international treaties that protect trademarks in international trade.

So, what does a Michigan trademark lawyer do?

Among many tasks, a Michigan trademark lawyer assists with the legal requirements and filings necessary to register a trademark. This includes the evaluation of the eligibility of a proposed trademark. There are legal requirements for a trademark to be registered, such as being unique and distinctive. If a proposed trademark is not unique — that is, the trademark is the same as or too similar to an existing trademark — it will be rejected for registration. Likewise, if a trademark is not distinctive.

As part of evaluating the eligibility of a proposed trademark, a trademark lawyer conducts a trademark clearance search. This is done to see whether there are similar trademarks already in use and registered. If so, then the client must “return to the drawing board” for a new proposed trademark.

A trademark lawyer also provides legal services that shepherd the application through the registration process (at whatever level). Yes, there are internet services available for cheap, but a trademark lawyer will make sure the application is done correctly and done correctly the first time. Further, internet services do not provide assistance with Office Actions sent by the USPTO, with Opposition filings, and other matters related to the registration process.

Another important legal task conducted by trademark lawyers is litigation. This involves both prosecuting court and arbitration proceedings against persons and businesses that infringe on a trademark and also defending against claims of infringement. Among other things, a trademark gives the holder the right to prevent others from using the trademark or using a trademark that is confusingly similar. This is called infringement. Most trademark litigation is infringement litigation under various U.S. laws and State-level laws.

Trademark lawyers also provide other related services such as:

• Policing trademark usage by, for example, sending warnings and cease and desist letters
• Handling the licensing trademarks
• Handling the sale and other transfers of trademarks
• Arranging registration of a trademark with U.S. Customs for import protection against forgeries
• Maintenance services to ensure that a trademark continues to be registered
• And more

Contact the Michigan Trademark Attorneys at Revision Legal

For more information, contact the experienced Michigan Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.