Why You Might Need A Trademark Lawyer
Trademark disputes are not uncommon. It is illegal for another party to use or borrow significantly from your company's unique, trademarked materials. If a competitor's store front, trade dress, Web site, domain name, designs, name, colors, fonts or images are similar or identical to your trademarked property, the law office of Peter N. Greenfeld P.C. can draft a cease and desist letter, work to compel the company to halt its infringement and demand damages. We practice in both Arizona and California, and offer full trademark registration and litigation legal services. Contact us at 602-954-2200.
We strongly advise that new business owners whether they are online or in a brick and mortar store contact a lawyer to discuss trademark issues before launching out on their own if they have little experience or knowledge of trademarks. Our office receives frequent calls from businesses who used "do it yourself" trademark services and kits available on the Internet or elsewhere and then found trouble down the road because they overlooked something of importance. Others confuse the scope of business names, trademarks and domain names thinking that protection in one area gives them overall immunity from being sued or copied.
Hiring a trademark attorney to assist in the trademark registration process allows you the peace of mind you may not have going solo. That does not always mean that you have to spend your life savings to do so. Many clients can save thousands of dollars down the road by being well informed at the start of their business. They are also in a better position to anticipate future problems. Not all registrations runs smoothly if there are technical or other problems raised by the PTO examiner. And even a registered trademark can invite later litigation if another company suggests or can demonstrate that it has made prior use of the mark. Having an attorney on board from the beginning can alert you to certain problems and assist you down the road in protecting your valuable business asset. Losing your brand identity and goodwill associated with an established business years later may not be worth the few dollars saved upfront going without experienced trademark counsel.
It is not always clear what elements of trademarked material are protected. If another organization has accused yours of infringing on its trademarks, we can meet with you to discuss the details of the case and provide legal defense, in court or with the trademark office.
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Receiving a Cease and Desist Letter from a Large Established Company
Even small start-ups are beginning to recognize the value of a trademark. It is the brand and identity of the company. Sounds, smells, colors and words are up for grabs as possible trademarks as companies try to distinguish themselves from competition. Many big established companies run the risk of their trademarks becoming generic and losing protection if they do not aggressively pursue efforts to stop others from using marks that they consider infringing. However, it is not always clear if they are right in some instances and small companies may risk losing the legitimate goodwill that they have built up just because they are afraid of fighting the "big guy." In such cases, it is usually worthwhile to consult with an experienced trademark attorney with litigation experience before engaging in negotiations with the big company and exploring the options. Registration of a trademark is not necessarily the end of the story. Trademark disputes can be complicated sorting out the various rights and leverage of the disputing parties. In this blog, the apparent owner of Doubleshot Coffee discusses an alleged demand letter received by Starbucks regarding registration for STARBUCKS DOUBLESHOT.
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Contact Us
The Law Office of Peter N. Greenfeld P. C. offers experienced trademark legal services, including:
- Registration of items with the United States Patent and Trademark Office (USPTO)
- Negotiation and litigation services for trademark infringement
- Legal defense against charges of trademark infringement
- Drafting and review of trademark licensing agreements
The Law Office of Peter N. Greenfeld P. C.
4500 North 32nd Street, Suite 109
Phoenix, AZ 85018
Phone: 602-954-2200
Fax 602-956-4232
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