Trademarks and Trade Dress

Trademark law can protect trademarks, service marks, and trade dress used to identify the source of goods or services.  A trademark or service mark typically consists of letters, words, logos, and the like.  Trade dress is a form of trademark that includes product configurations, packaging features, associated displays, and store décor.  State laws apply alongside federal law, but it is important to register a mark or trade dress federally if it is used in interstate commerce.  A U.S. trademark application may be filed based on an intent to use, however, as long as the mark or trade dress is actually used within a set period of time after the filing.

A trademark search is desirable in order to see if your mark or something like it is already being used by someone else on the same or similar goods or services.  If a high degree of confidence is desired, the search may be farmed out to a qualified search firm on a flat fee basis.

For uncomplicated trademark applications, I typically teach clients how to file applications on their own and step in to provide support with specific questions, and will review the application when it is ready to be filed.  The process is relatively easy to navigate and for the most part does not require the attention of an attorney.  I will take over the application once an action is received.

Evaluation of validity and infringement of registered marks, attacks on registered or pending marks, and enforcement of marks are fact-specific matters that may or may not be amenable to flat fee-based work for specific tasks.