Newark Trademark Lawyers
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Legal Services Offered by Our On-Demand Newark Trademark Attorneys
Our experienced Newark 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 Newark 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 Newark, NJ.
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- 5 min read
What Is an Intent to Use Trademark?
An intent to use (ITU) trademark application shows a company's intent to use a trademark before actually putting it into use. The company must then put the mark into actual use within six months of filing the ITU application.
Under Section 1(b) of the Lanham Act, there are two types of trademark applications that can be submitted to the United States Patent and Trademark Office (USPTO). They are intent to use (ITU) and statement of use (SOU).
The advantage of the ITU is that the filing date serves as the first date of the use of the mark. This assumes that the applicant puts the mark into actual use and completes the application process within six months. This status and indication of intent is regulated by §1(b) of the Trademark Act, 15
- 5 min read
Willful Infringement: What Is It?
Willful infringement is when someone copies a claimed invention and knew the entire time that the invention was patented, thus committing patent infringement. An infringement is considered willful when:
- A defendant engaged in acts that infringed the patent or copyright
- The defendant knew those acts were in violation of the patent or copyright. They still acted as if they were ignorant of the law or had reckless regard for the patent or copyright holder's rights
Simply put, anyone who copies an invention after it has been patented on purpose has committed a willful infringement. However, the infringement is not considered willful if:
- the person has copied the invention without knowing it was patented
- the person, in good faith, believes the patent is invalid or no longer appli
- 8 min read
What Is Trademark Permission?
Trademark permission allows a company or individual to legally use a trademark held by another person or business. Getting trademark permission from a trademark holder can help your company increase sales, generate brand awareness, and increase positive customer associations with your product or service. But if done illegally, using someone else's trademark puts you at serious risk for legal trouble.
Trademark permission, also called licensing, exists to allow others to use a trademark, a word or mark that exclusively identifies one person or company as the source of a product or service. When granting proper permission, the trademark owner can take advantage of other benefits as well. Perhaps these benefits come in the form of profits for every item sold under the trademark permission agreement or a flat fee for using the trademark.
People or business
- 5 min read
Trademark Cease and Desist: What Is It?
A trademark cease and desist letter asks a third party to stop using a trademark in commerce. Failure to do so can lead to a lawsuit, legal action, and fees. Whether you send or receive a cease and desist letter, consult an attorney to determine the right course of action for your situation.
Why Is Trademark Cease and Desist Important?
Trademarks protect any of the following that's directly related to a company and its products or services:
- Unique business names
- Slogans or catch phrases
- Domain names
- Other intellectual property
Since trademarks are used in commerce, they are importan
- 7 min read
What Does Trademarking a Name Cost?
Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.
Trademark protection covers the designs, symbols, words or phrases that identify your business as a source of products or services and sets them apart from competitors' offerings. Business names, logos, and product labels can all be trademarked. If your company sells services instead of goods you would technically use the term "service mark" instead of trademark, but most people use the word "trademark" when talking about services as well as goods.
Federal Trademark Information