A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. 15 U.S.C. § 1127. The trademark "Nike," and the Nike "swoosh," both identify the products made by Nike and distinguish them from products made by other companies (e.g. Adidas). Similarly, the trademark "Coca-Cola" distinguishes the carbonated beverage of one manufacturer from the brown-colored soda of another (e.g. Pepsi). When a mark is used to identify services (e.g. "Jiffy Lube") instead of products, they are called service marks. The law treats both types of marks similarly.
Sometimes, protection can extend beyond words, symbols, and phrases to include other aspects of a product, such as its color or its packaging. The pink color of Owens-Corning fiberglass insulation and unique shape of a Coca-Cola bottle can serve as identifying features. These features are generally called "trade dress," and may be protected if consumers associate that feature with a particular manufacturer instead of the product in general. A trademark lawyer at the Beverly Hills office or other locations of the Omni Legal Group can assist you in determining whether you may be able to protect one of these identifiers of your business.
Distinct identifiers of your business have value and goodwill associated with them. During your free initial consultation at the Beverly Hills office of the Omni Legal Group a trademark lawyer who understands this will meet with you personally. You will have an opportunity to ask questions to make sure your trademark application is filed properly the way that you want it.
The trademark attorney handling your case will have experience filing trademark applications with the United States Patent and Trademark Office. If you have already filed your trademark application, a trademark lawyer at the Omni Legal Group may be able to assist you with communications received from the United States Patent and Trademark Office. Other areas where we may be able to assist with your trademark application includes filing a Statement of Use, conducting a trademark search, and filing an international trademark application.
Whether at our Beverly Hills office or at another location on the Omni Legal Group, our firm can assist you in procuring trademarks on the state and federal level. In most cases, these can be done the day they are requested. We also have the investigation tools to seek out infringers and make sure that others are not violating our clients trademark rights. If you have a trademark that you would like to register and make sure others cannot copy or you feel someone else is already infringing on your trademark rights, call (424) 901-8418 today to schedule your free initial trademark consultation.