Des Plaines Trademark Lawyers
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Legal Services Offered by Our On-Demand Des Plaines Trademark Attorneys
Our experienced Des Plaines trademark attorneys & lawyers represent individuals and businesses with everything they need to secure and protect their trademarks. Our attorneys can help individuals with everything from trademark clearance searches to determine whether the desired mark is available for adoption, use, and registration. By reviewing the search reports thoroughly, they can conclusively determine the extent to which a mark is already being used and the potential success of filing a trademark.
Trademark licensing can be complex, but our trademark attorneys have experience drafting agreements on behalf of both licensees and trademark owners - thus allowing you to capitalize on your valuable intellectual property. Our Des Plaines trademark attorneys can also draft and file your trademark with the United States Patent and Trademark Office (USPTO), including Intent to Use and Use in Commerce applications.
Our attorneys can also help protect your trademark around the globe by assisting clients with filing trademark applications under the Madrid Protocol, which allows trademark holders to obtain protection in multiple countries by filing a single application.
Improve Your Legal ROI with Affordable Trademark Attorneys that service Des Plaines, IL.
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- 9 min read
What Is a Common Law Trademark?
A common law trademark is a type of infringement protection for intellectual property wherein the property is used in commerce before it's federally registered. The U.S. common law trademark starts when you use the mark in commerce for the first time within a geographic area. It endures with continual, deliberate use and is shown by the superscript symbol "TM."
Business names, taglines, product names, logos, design elements, and sounds used to identify companies are all covered by a common law trademark. U.S. trademark law differs from international trademark laws because it's based on common law, rather than first-to-file law.
Benefits of Common Law Trademarks
Common law trademarks stop competing businesse
- 1 min read
Trademark Costs Explained
A common question many attorneys get is: "how much does it cost to trademark a name?”
The first step to calculating what a trademark costs is going to be how much you are willing to pay an attorney to research if a similar trademark already exists or not? Because it takes time to properly research any existing or similar trademarks that may exist, if not, you may be wasting your time and money filing a trademark for something that has already been filed.
After factoring this cost, the Trademark Office will charge a government-filing fee of at least $225, if not more, depending on how many classes of goods/services are listed in the application. Each individual class of goods or services you file for means that the cost of the trademark will increase by at least $225.
What does all this mean?
- 11 min read
What Is a DMCA Claim?
A DMCA claim, also called a DMCA Takedown Notice, is a complaint made if someone suspects a website of copyright infringement. The Digital Millennium Copyright Act (DMCA) is a set of laws that exist to protect copyrighted content on all digital mediums.
Enacted in 1998, the DMCA implemented treaties signed in 1996 by the World Intellectual Property Organization (WIPO) Geneva Convention. The treaties address issues that affect photographers directly.
The DMCA says that, while an Internet Service Provider (ISP) is not liable for displaying information that infringes a copyright, the ISP needs to remove the material from their users' websites if they receive proper notice.
A DMCA claim requires that hosting providers, upon receipt of an infringement claim, remove or disable access to any websites that are potentially infringing.
Your copyright does not have to be registered with the U.S. Copyright
- 11 min read
How to Trademark Something
How to trademark something requires several steps to take in order to trademark your intellectual property.
1. Select a Non-Generic Trademark
You cannot legally trademark something that is generic. The stronger your mark is, the easier it will be to prevent people from using it. Every mark falls into at least one of these categories.
- Fanciful: This is something like an invented word that has no real meaning.
- Arbitrary: This is an actual word that has a known meaning, but is not in any way related to the product or service that you are offering. For example, the company Apple is arbitrary because although apples are a type of fruit, the company Apple sells computers.
- Suggestive: This is a type of mark that su
- 2 min read
A Guide to Trademarking a Business Name
Trademarking a business name can vary in the degree of complexity from simple to impossible depending on your specific business name.
In order to trademark a business name the main determining factor will be how unique or generic your name is. The more descriptive your business name is the lower the chances this will make consumers associate those words with your business.