Responsive IP Attorneys Are Skilled at Protecting Clients’ Brands and Images
Meticulous law firm protects trademarks to increase business identification
At Christopher & Weisberg, P.A., we help clients across the globe in all matters related to the registration, enforcement and defense of trademarks. With 200 years of combined legal experience, we have the knowledge and tools to advise clients on both the legal and practical aspects of trademark issues and formulate thorough strategies to help firms establish and safeguard their reputations.
What are important considerations when registering a trademark?
Without a way for your customers to identify you from competitors, it is extremely difficult to grow your business. Registering your trademark is often one of the first steps needed to establish and effectively promote your brand. While you can file for a trademark on your own, important legal nuances can greatly affect your ability to obtain and enforce a registered mark. Some critical questions to keep in mind during this process include:
- Has a thorough and sufficient clearance search been conducted to ensure your intended mark is not currently registered and in use?
- Do you need to file for a mark that protects the name of your product or service, a stylized logo, or both?
- Where are you currently using or intending to use the mark. Is filing in the U.S. sufficient or is it necessary to pursue an International Trademark filing?
Our knowledgeable attorneys can help you avoid mistakes that could damage the quality and enforceability of your mark.
What constitutes trademark infringement?
In practice, trademark infringement often appears as a competitor selling a product or service that looks almost identical to yours and would cause average buyers to mistakenly believe the unauthorized item or service came from you.
Infringement can threaten the integrity of your brand and company, and we aggressively pursue a resolution in your favor if a competitor threatens your reputation in this way.
What are the top defenses to a trademark infringement claim?
While trademarks do provide protection in the marketplace, not every brand or logo that happens to bear some similarity amounts to infringement. The burden is on the plaintiff to establish the unauthorized and damaging use of a mark, and there are several defenses available to challenge these claims, which include:
- Fair use — A trademark infringement claim might fail if the alleged improper use involves a primary descriptive purpose rather than the secondary purpose created by the trademark in reference to the owner’s product or service. For example, a photo of the Statue of Liberty is not necessarily an infringement of Liberty Mutual’s trademark, which incorporates an image of the statue.
- Laches — The plaintiff knew about the infringement and unreasonably delayed in bringing a legal claim.
- Unclean hands — The plaintiff engaged in improper, egregious or illegal behavior in the use or enforcement of the trademark, such as making excessive demands or attempting to intimidate the defendant.
We have a deep understanding of relevant trademark laws and will strategically use every available defense to protect your rights and minimize liability.
Contact an experienced law firm to obtain a free initial consultation
At Christopher & Weisberg, P.A., we take the time to accurately assess the most effective way to establish and protect your image in the marketplace and represent clients across the globe, including the U.S., Europe, Asia, South America and Central America, in trademark registration and protection matters. Call (954) 820-6487 or contact us online to schedule a free consultation.