Colorado Trademark Lawyer
If you are seeking a skilled intellectual property lawyer, Feldmann Nagel Margulis can help. Our IP attorneys handle the full range of intellectual property matters, including trademark registration and litigation.
What are trademarks and service marks?
A trademark identifies and distinguishes the source of goods of one party from another. For example, a trademark could be a symbol or logo used to represent a particular brand. Legally, a trademark includes any device, symbol, name, or word, or any combination used, or intended to be used, to distinguish and identify the goods of one provider from those of others, and to indicate their source.
Similarly, a service mark identifies and distinguishes the services of one provider from the services provided by others, and to indicate the source of the services.
Why should I register my trademark with the USPTO?
Federal trademark/service mark registration has several benefits:
- Registration can be used as a basis for obtaining registration in foreign countries.
- Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
- Jurisdiction of federal courts may be invoked.
- It provides evidence of ownership of the trademark.
- It provides constructive notice nationwide of the trademark owner’s claim.
According to USPTO, the costs of registering a trademark or service mark can run between $1,100 and $1,500, but costs can be higher if you encounter opposition (others can oppose your registration if they are trying to use a trademark in a similar field). It may be worth it for you to pursue a trademark if you intend to reach a national and/or international audience, or if you have a unique mark for a unique product.
You have worked hard to cultivate your ideas and turn them into a profitable business – don’t allow others to infringe upon your success. If you need legal help to deal with a trademark infringement, or are looking to obtain a mark to distinguish your good or service and assert your exclusive rights, now is the time to speak with a member of our team.