At Beyers Costin, we understand that your intellectual property is a valuable asset. Our primary objective is to maximize the value of that asset. Whether we’re drafting your patent application or registering your trademarks and copyrights, we never lose sight of this ultimate goal.

When representing our clients in intellectual property disputes, we explore creative solutions that can minimize the impact of the dispute. Nevertheless, we are prepared to vigorously pursue or defend our clients’ intellectual property rights when a beneficial settlement cannot be achieved.

Trademarks

A trademark may be anything that is used to uniquely identify to consumers the source of a product or service.   Usually, trademarks are words, phrases, symbols or a combination of these elements but in rare circumstances may be something else, such as a color or shape or even a scent.   The key is that a trademark must to uniquely identify the source of the product to the consumer. 

What Protection Does A Trademark Owner Get?

Generally, a trademark owner can prohibit others from using an identical or a confusingly similar trademark for similar goods and services.

How Do I Get A Trademark?

Trademark rights arise when a trademark is used in commerce.   These rights are known as “common law” trademark rights.  As soon as a product or service is marketed to the public, these rights begin to accrue.  A competitor of the trademark owner is then precluded from using an identical trademark or a trademark that is confusingly similar to the owners trademark to market its own products or services. 

The protection afforded by common law trademark rights depends on a number of factors, each of which is related to the perception of the consuming public.  For example, common law trademark rights only extend to the geographic area in which the mark is actually used.  Also, trademarks that are arbitrary and fanciful may provide more protection than trademarks that are descriptive or suggestive of the goods and services being provided.

Federal Trademark Registration

A trademark owner, or a person who intends to use a trademark in commerce, may apply for registration of the trademark with the United States Patent and Trademark Office.   Registration of a trademark provides significant advantages to the owner.  

What Does It Cost To Register A Trademark

In 2008, the USPTO charge to initiate the registration process is $325 for each class of goods or services for which the mark is to be used.