Trademark Attorney

In today’s dynamic economy, trademarks are an important tool businesses can use to protect their brands. As a form of intellectual property protection, a trademark provides rights to its owner and allows them to prevent another’s use of their mark and seek monetary damages if the trademark is violated. Learn more about trademarks, why registering a trademark is so important, and when to call a trademark attorney like Michael Jones at Jones Intellectual Property.

What Is a Trademark?

A trademark is a distinctive sign, symbol, logo, word, phrase, or combination that is used by businesses to distinguish their goods or services from their competitors. A trademark serves as a unique identifier of the source of a product or service and helps consumers recognize and associate the product or service with a particular brand or company. Examples of trademarks include:

  • Brand names or slogans, such as “Google®” or “Just Do It®”;

  • Symbols or graphical elements like Nike’s® swoosh logo; 

  • Combined marks that incorporate both words and design elements, such as Amazon’s® word and air-smile logo;

  • Catchy phrases such as California Milk Processor Board’s® “Got Milk?®”;

  • Jingles or other auditory recognition, such as NBC’s® three-note chime;

  • Specific colors or color combinations that identify certain products such as Tiffany & Co.’s® distinctive robin's egg blue color, often referred to as "Tiffany Blue"; and

  • Distinctive appearance or product packaging that distinguishes it from competitors, such as Coca-Cola Company’s® glass bottle design.

Trademarks play a crucial role by preventing confusion among consumers while enabling businesses to build and maintain their brands.

Trademarks v. Patents

A trademark protects brand names, logos, and symbols used to identify goods or services, distinguishing them from others in the marketplace. It safeguards brand identity and consumer perception. A patent, on the other hand, protects inventions or discoveries, granting exclusive rights to produce, use, or sell the invention for a limited time. 

For instance, consumers will immediately associate a shoe having a curved check mark with Nike®. That recognition is protected by trademarks. Using and displaying a trademark is required to get that protection. On the other hand, a consumer’s perspective is not considered with patent protection. Patents protect inventions. If Nike® gained patent protection for innovative shoe technology, Nike® would not be required to use the innovation to get protection. Jones Intellectual Property handles both patents and trademarks.

What Does a Trademark Attorney Do?

A trademark attorney’s primary role involves helping clients secure, protect, enforce, and defend their trademark rights. Overall, they serve as a trusted advisor and advocate for clients seeking to protect and maximize the value of their brands, products, and services.

Registering a Trademark and the US Trademark Application Process

The registration of a trademark is not required to establish rights to use your mark. Trademark rights can be established through the legitimate use of the mark in commerce, often referred to as common law trademark rights. However, registering a trademark with the U.S. Patent and Trademark Office provides several advantages and additional protections. 

Registration creates a legal presumption of ownership and validity of the trademark, making it easier to protect. It puts the public on notice of your claim to the trademark, discouraging others from using similar marks, and reducing the likelihood of inadvertent infringement. Registered trademarks are also entitled to use the ® symbol, which can deter potential infringers and enhance the brand’s recognition and prestige.

Enhanced Protections

Every trademark registration has a legal presumption of validity.  This right cannot be understated, as the presumption of validity enables business owners to protect their brands more effectively. Further owners of a registered trademark can protect their rights in federal court and are often entitled to greater damages, which may include statutory damages and attorney fees. A registered trademark offers stronger protection and legal advantages compared to relying solely on common law rights. Because of these advantages, it is generally advisable to register a trademark if possible.

The Jones Intellectual Property Difference

From startups to Fortune 500 companies, Michael Jones at Jones IP has the experience to understand your business’s unique needs.

Expert Trademark Representation

In the competitive world of commerce, safeguarding your brand’s identity is paramount. Jones Intellectual Property specializes in navigating the intricate trademark application process, often referred to as trademark prosecution, ensuring that your brand receives the protection it deserves across a diverse spectrum of industries. From the burgeoning hemp, marijuana, and CBD markets to established sectors like clothing, makeup, candy, and food—Michael Jones’s expertise extends across a wide array of industries. Michael can guide you through the trademark application process, securing protection for your brand’s distinctive elements, whether it’s a captivating logo, a memorable slogan, or a signature packaging design.

Vigilant Trademark Protection

From the smallest mom-and-pop operation to Fortune 500 brands, maintaining the integrity of your intellectual property is non-negotiable. Jones Intellectual Property specializes in brand protection services and trademark policing, meticulously monitoring trademark usage and misuse to safeguard your brand’s reputation and value. From conducting thorough searches to analyzing potential infringements, Michael ensures that your trademarks remain robust and enforceable in the marketplace.

Strategic Enforcement and Dispute Resolution

In the face of trademark infringement, swift and decisive action is essential. Michael excels in drafting cease and desist letters and takedown notices, and he knows how to leverage legal avenues to protect your brand from unauthorized use, disparagement, and dilution. Additionally, Michael’s experience extends to representing both plaintiffs and defendants in litigation proceedings, advocating for your interests with tenacity and expertise.

Expert Negotiation and Settlement

When disputes arise, finding a favorable resolution is key to preserving your brand’s reputation and resources. Michael specializes in settlement negotiations, leveraging extensive experience to craft agreements that protect your rights while achieving swift and cost-effective resolutions. Whether through mediation or arbitration, he strives to secure outcomes that align with your brand’s long-term objectives.

Experience You Can Trust

If you’re looking for brand protection, registration, or litigation services, give Michael Jones at Jones Intellectual Property a call today. Michael brings a wealth of experience to every case and takes pride in safeguarding the ideas of business owners and empowering them to pursue their goals. Whether you’re a startup navigating the complexities of trademark registration or a Fortune 500 powerhouse protecting your brand’s legacy, you can trust Michael’s dedication to safeguarding your intellectual property rights. Call today or fill out the online contact form to set up a free consultation.