Rogers, AR Trademark Attorney
Trademark is just one of many tools used to protect intellectual property. It is important for the creator of a trademark to learn about all the protections that can be granted when a trademark is registered. For example, if a business tries to infringe on your trademark, you will have options to seek damages and other remedies against this act. If you need assistance registering your trademark, contact an experienced Rogers trademark attorney today.
Gunn Kieklak Dennis, LLP has worked with business across Arkansas to help them register and protect their intellectual property from those that would seek to abuse it. Our firm is dedicated to evaluating your unique needs and providing you with the legal representation that you deserve. To schedule a confidential legal consultation to discuss your trademark, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.
How Trademarks Work
A trademark is likely one of the first interactions a consumer will have with one of a company’s products or services. It is how the general public distinguishes between their favorite brands or products that they may want to avoid. A trademark can be a word, phrase, symbol, or a combination of those items that identify a particular line of goods. A trademark can also be referred to as a service mark. A service mark is similar to a trademark; only it identifies a certain type of service instead of goods.
The purpose of a trademark is to ensure that your goods or services will not be confused with the goods or services that are provided by another company or your competition. For example, if a person wanted to open a vehicle manufacturing business and wanted to name it Ford, this would conflict with the current Ford company that already sells vehicles. A mark that can be potentially confused with the mark of a similar company could lead to a trademark infringement case.
It is important to note that there are certain circumstances where two or more businesses could have a trademark that is substantially similar. For example, if two companies offer substantially different services, it will be more difficult for a consumer to confuse the two companies because of a similar trademark.
Trademarks should not be confused with copyrights or patents. While a trademark is used to protect a slogan or design, a copyright is used to protect an original work of authorship. ; only could include novels, motion pictures, sculptures, and even music. A patent is used to protect an inventor from infringement of a novel invention. The invention cannot simply improve a current invention; instead, it must be nonobvious.
To learn more about the rights offered by trademarks and filing a trademark infringement lawsuit, continue reading and speak with an experienced Arkansas intellectual property lawyer.
Filing a Lawsuit for Trademark Infringement in Arkansas
To register a trademark, a person must file with the United States Patent and Trademark Office (USPTO). There are multiple protections that registering with the USPTO provides:
- Exclusive right to utilize your trademark within the United States
- Acts a notice to the public that the mark cannot be used without your consent
- The right to halt the importation of products that infringe on your trademark
- Registration of the trademark in foreign countries that have signed treaties with the U.S.
This is not an exhaustive list. While there are some protections that could be provided without registering your trademark, they may not compare to the protections offered by the USPTO.
When you register your trademark with the USPTO, one of the rights you gain is the ability to file a trademark infringement lawsuit in state court or federal court. There are multiple elements that a plaintiff must prove to show their trademark was infringed upon:
- The plaintiff must prove they owned the trademark in question
- The plaintiff must offer evidence that documents their usage and registration of the mark before the defendant
- When compared, the trademarks in question must show a substantial likelihood of confusion for consumers
If your trademark was infringed upon, our firm could help you determine the appropriate approach to your issue. Intellectual property lawsuits can be lengthy and complex, and we are prepared to dedicate our resources to help you pursue the legal compensation that you deserve.
Work with an Experienced Rogers Trademark Lawyer You Can Trust
If your trademark was infringed upon by another person or entity, consult with an experienced Arkansas intellectual property lawyer today. The skilled lawyers at Gunn Kieklak Dennis, LLP have a wealth of combined legal experience that we would be proud to utilize to help you protect your trademark. To schedule a confidential legal consultation to discuss your case, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.