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Trademarks help to distinguish your company, your products or your services from the rest of the competition. Whether it is a slogan, logo, symbol or phrase, a trademark is a form of intellectual property that establishes brand identity, helping to make your business or product easily identifiable to the public.

In terms of the laws that govern trademark rights, protection is provided through usage–not through registration. This, however, should not imply that registering your trademark is unnecessary. Because of the complex laws governing trademarks, registering your mark will solidify your claim to the mark and reaffirm your legal standing in court.

While you are not required to hire a lawyer to register your trademark, establishing rights and protecting against trademark infringement can involve a number of legal issues. Offering dedicated intellectual property services, the trademark lawyers at Simmons Hanly Conroy will answer your legal questions and advise of your rights.

Why Turn to a Trademark Litigation Attorney

According to the United States Patent and Trademark Office (USPTO), the benefits of registering your trademark include:(1)

  • Notice of ownership
  • Legal presumption of ownership of the mark
  • Exclusive rights to use the mark
  • Right to action concerning the mark in federal court
  • Basis for obtaining registration in foreign countries
  • The right to use the ® symbol
  • Listing in the USPTO’s online databases

It is important to note that even if your trademark is registered, the USPTO does not “police” its use. The lawyers at our firm can help if you believe your trademark rights have been infringed upon. By working on a contingency fee basis, we share in the risk. This ensures that your case receives the resources necessary to protect your intellectual property rights and preserve the future of your business.

For more information about trademark litigation and intellectual property infringement, please contact us for a free legal consultation.

1 http://www.uspto.gov/faq/trademarks.jsp#_Toc275426684


Paul Lesko

Attorney Paul Lesko is the head of the Firm's Intellectual Property Department. Paul focuses his practice on helping inventors and small businesses develop and maintain an equal footing in the marketplace by enforcing their intellectual property rights against companies that infringe those rights. View Full Profile

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