Trademarks

If it is true that we live by symbols, it is no less true that we purchase goods by them. A trademark is a word, phrase, symbol, image, or device that is used by a manufacturer or merchant to identify its goods and distinguish them from those of its competitors. The trademark should also serve as a guarantee of consistency of quality and it should advertise and sell the product. A service mark is similar to a trademark except the word, phrase, symbol, image or device identifies services rather than goods.

The acquisition of trademark or service mark rights is simple enough. One has to merely use the mark on the goods or services in commerce. As with most endeavors, however, this simplistic approach is fraught with problems. The blind use of a new mark is an invitation to claims of infringement of marks owned by third parties. Internet domain names and product web sites are also a fertile field of controversy with respect to existing marks and trade names. The resulting conflicts create financial exposure, wasted time, expenses and may lead to the loss of investment and good will associated with a new mark. In addition, the use of a trademark, without registration, may deprive the owner of many advantages in the protection of the mark.

All of these concerns counsel in favor of utilizing the services of legal adviser with knowledge and experience concerning the intricacies of trademark law. The attorneys at Hanes & Schutz, LLC have many years of experience in prosecuting trademark applications before the United States Patent and Trademark Office and the Colorado Secretary of State. Similarly, the firm’s attorneys are experienced in the negotiation and drafting of trademark licensing agreements. In those situations where a negotiated resolution has failed, the firm frequently serves as trial counsel in matters related to trademark, trade dress, domain name, and related claims of infringement.

The firm of Hanes & Schutz, LLC is prepared to consult and assist with the selection and qualification of a mark, including the appropriate searching, to quantify the risk of future conflict and assess the chances of successful registration of the mark. Once selected, the firm will file and prosecute the necessary applications for state or federal registration and advise clients on the proper usage of the mark. Through an extensive network of foreign associates, we can also secure registration for the mark in other countries of the world.

In the event of conflict over a mark or trade name, the firm stands ready to defend or prosecute infringement suits in the federal and state courts.

This website is not intended to constitute legal advice and may not reflect the most current legal developments. The information contained in this website is provided only as general information. By posting and/or maintaining this website and its contents, Hanes & Schutz, LLC does not intend to solicit legal business from clients located in states or jurisdictions where Hanes & Schutz, LLC or its individual attorneys are not licensed or authorized to practice law.