A trademark is a word, name, symbol, or device used by a person or business to indicate the source of a good and to distinguish it from the goods of others.
The terms “trademark” and “mark” are commonly used to refer to both trademarks and service marks. A trademark identifies a brand and is used in the marketing of a product, while a service mark identifies and distinguishes the source of a service rather than a product. Service marks are often referred to as trademarks for convenience.
A certification mark is a mark used by someone other than the trademark owner to certify the quality of goods or services (e.g., the Good Housekeeping seal).
A collective mark is a mark used to identify a membership organization (e.g., C.P.A.).
Registering trademarks with the U.S. Patent and Trademark Office (USPTO) provides advantages such as...
- The right to use the federal registration symbol “®”
- A legal presumption of ownership of the mark and exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration
- Public notice of mark ownership
- Listing in the USPTO’s online principal or supplemental registers
- Record the U.S. registration with U.S. Customs and Border Protection to prevent importation of infringing foreign goods
- Bring actions concerning the mark in federal court
- The use of the U.S. registration as a basis to obtain registration in foreign countries
Key Areas of Service
ARC IP Law offers clients a full array of trademark assistance, developing and managing U.S. and worldwide trademark portfolios.
We help clients with the application process from start-to-finish, which includes selecting a mark, identifying goods and services, performing a trademark search, determining a filing basis, filing the application, monitoring the application status, interfacing with USPTO examining attorneys, overseeing publication of the mark, maintaining registration, cancellation, and appeal proceedings with the USPTO Trademark Trial and Appeal Board (TTAB).
After registration, ARC IP Law offers enforcement services for trademark rights through a competitor watch in which we monitor the use of the client’s trademark and its competitors, analyze and issue cease and desist communications, and assess the viability of litigation for strategic enforcement.
General Trademark
- Trademarkability studies
- Trademark landscape reviews
- Trademark clearance searches – U.S. and worldwide
- Market and competitor analysis
- Brand availability
- Due diligence
- Domain name enforcement or disputes
- Trade dress protection
- Trademark valuation assistance
- Licensing agreements
- Trademark transfers or assignments
- Non-disclosure and/or confidentiality agreements
- Trademark dispute resolution
- Trademark litigation
Trademark Prosecution
- Global trademark portfolio management
- Madrid Protocol applications and prosecution
- International applications and prosecution
- World Intellectual Property Organization (WIPO) matters
- Trademark prosecution strategies
- Identification of goods and/or services construction
- Application drafting
- Analysis of specimens for use
- Design marks
Proceedings before the Trademark Trial and Appeal Board
- Opposition proceedings
- Cancellation proceedings
- Interferences
- Concurrent use
- Appeals
- Final refusal proceedings
Trademark Enforcement
- Trademark watch services
- Cease and desist demands
- Trademark or trade dress litigation
- Customs enforcement
- International Trade Commission (ITC) matters
- Protective orders