A Trademark Law attorney deals with issues relating to trademarks, as well as copyrights and patents, royalties, marketing and publishing rights, franchising, and other related aspects of commercial law. Trademark law is also referred to as Intellectual property law. Trademark lawyers also deal with domain names and e-commerce, as well as other legal areas relating to technology.
Trademarks are distinctive words, names, pictures or symbols that people use in commerce to attach to their products to distinguish ownership of them. In other words, a trademark is a brand name. Trademark law governs the uses of these names and other devices. Trademark status may be given to specific product styles, packaging, and/or designs. The owner of the trademark has all rights to it, and to use it on whatever product it is intended to identify.
Some examples of popular trademarks you may easily recognize these days could include names like, "Nike" along with the symbolic Nike "swoosh." Another is Coca-Cola. The name is not the only thing that symbolizes this product, but the very shape of the bottle does, as well. Even a color or particular smell can be trademarked.
Trademarks may be protected by both federal and state statutory laws. A trademark registered under the Lanham Act, an Act granted by Congress to regulate interstate and foreign commerce, has nationwide protection. Under this Act, a seller applies to register a trademark with the Patent and Trademark Office. Once it is accepted, it is published to notify the public of pending approval so that it may be opposed. While an attorney is not required to file an application for a trademark, it may be desireable to employ one.
Trademarks are protected under state common laws as part of unfair competition law. Unfair competition in this case isn't referring to the economic harms involving monopolies and antitrust legislation. What constitutes an "unfair" act depends upon the context of the business and the facts of the individual case. The most familiar example of unfair competition is trademark infringement.
Infringement of a trademark occurs when someone who does not own that mark uses it in a way that causes confusion as to the source or backing of the goods or services provided. Trademark infringement claims have been well established under both federal and state case law. Basically, someone in a trademark case must prove that the illegal use of a trademark by someone else has created a likelihood of confusion about the origin of the owner's goods or services.
Trademark rights can be lost through abandonment, improper licensing or other abuses of trademark rights. It can also be lost when the word or symbol becomes too generic in its use. (For example, words like "aspirin," "kleenex," or "thermos" have tended to take on generic meanings over time and are used in a generic sense.)
The benefits of federal trademark registration include:
? Constructive notice of the trademark owner's claim
? Evidence of ownership of the trademark
? Registration can be used as a basis for obtaining registration in foreign countries
? Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
