Trademark Attorney In Chicago
At Drishti Law, we believe in maximizing your trademark’s value.
Whether you’re an entrepreneur, a creator, or a business owner, you’ll need to safeguard your brand and identity. A crucial component of preserving your investment is securing your name, brand, logo, and other source identifiers through thoughtful brand development . The legal process for brand development begins with trademark registration.
A trademark lawyer at Drishti (“Vision”) Law, a law firm based out of Chicago, can get you there…
The four types of intellectual property are
- Trademark: Protect the names, logos, slogans, and any other element of your brand recognition for the goods and services that you provide.
- Copyright: Safeguards an author’s or creator’s original work. The U.S Copyright Office provides a list of copyrightable works here.
- Patent: Protect your invention with a patent.
- Trade Secrets: Allows one to protect a competitive advantage within an industry through various policy-implementation and contractual tools.
Trademarks can be any word, name, symbol, design, packaging, or product design used to identify a product or service and distinguish the owner’s services or goods. A trademark identifies a product and demonstrates to consumers that it was manufactured by you alone. Customers create trust in our brand and reputation.
Name, design, logos, Slogan, colors, packaging, container, and other marks used by businesses to identify the source of their goods and services are protected by trademark law.
A trademark owner has the exclusive right to use it to identify its goods or services.
A registered trademark allows a trademark owner to prevent others from infringing on their rights by using a similar mark to identify a similar product or service.
A trademark identifies the source of the good or service a company or individual provides. It differentiates the trademark owner from competitors, provides them with rights that can be pursued in federal court, and acts as a deterrent for infringers. It is an inexpensive way to protect some of your most valuable assets.
At Drishti Law, we believe in maximizing your trademark’s value. Any trademark strategy has to be future-proof and includes a brand-building strategy that leads to developing a competitive advantage within the industry.
What Trademark Services do We Offer?
- Brand/Image Consulting
- Brand registration
- Cannabis & CBD Brand Protection
- Trade Dress registration
- Domain Name registration
- USPTO Services:
- Notice of Allowance Matters
- Application preparation
- Office Action responses
- Statement of Use Matters
- Likelihood of confusion matters
- Maintenance Filings
- SECTION 8: Declaration of Use
- Section 15 Claim of Incontestability
- Section 9 Renewal
- Portfolio Management
- Manage deadlines
- Maintenance filings
- Counseling for best trademark practices
- Drafting assignment and licensing agreements
- Trademark Trial and Appeal Board (“TTAB”) Proceedings
- Infringement Proceedings
- Trademark Prosecution
What Are the Advantages of Registering a Trademark?
It makes it hard for others to use confusingly similar marks in the first place by making it easy to find in a trademark availability search. Registration is a deterrent and stops problems from happening before they start.
Protects against registration of confusingly similar marks, as the Trademark Office is required to cite prior registrations against applications for confusingly similar marks and to refuse to register such marks, thereby adding a hurdle for a possible infringer.
The registration protects the mark nationwide. This is important in a system where the first person to use the mark holds priority. If you don’t do this, your rights are limited to the area where you use the mark or where it has a good reputation. This could mean that others could use a similar mark in another area, which would confuse when either party grows.
Provides nationwide notice of mark ownership as of the registration date, barring others from claiming their future adoption of the mark was in “good faith.”
Serves as evidence of the validity and exclusive ownership of the mark for the goods and services listed in the registration, with increased protection after five years and the possibility of becoming “incontestable,” which can aid not only in court proceedings but, more importantly, in convincing others to cease using a mark without the need to go to court.
Grants the right to use the ® symbol when the mark is used for the goods and services listed in the registration (unregistered marks may be designated by a superscript “TM”). That elusive symbol gives your brand a greater marketing cachet and tells competitors that you are diligent about protecting, and enforcing, your intellectual property rights.
It grants the ability to sue in federal court and, in certain instances, to seek triple damages and attorney fees, allowing for the possibility of considerable monetary recovery in certain cases.
Entitles you to certain statutory damages in the event of counterfeiting, alleviating you of the burden of proving actual harm to receive a monetary award.
Provides a foundation for overseas registrations, simplifying the global protection of your trademarks as your firm grows.
Once the registration is individually “registered” with Customs, it enables US Customs and Border Protection to restrict imports that infringe the mark or are counterfeits, placing Customs in your corner to prevent infringement at no further cost to you.
How long does protection for a trademark last?
Registered Trademarks, with timely maintenance filings, are subject to examination and are valid for ten years. Moreover, trademarks are renewable.
- A trademark attorney will assist you in determining precisely how to protect your brand.
What Is Eligible to Be Trademarked?
Before you study the process of trademarking, you will likely want to know what can be trademarked. Almost anything can be a trademark, including words, slogans, logos, names, and much more.
In general, the identity of the trademark is more important than the specifics of what might be trademarked.
The trademark distinguishes your company from others, so it must be exclusive.
How can I get in touch with a lawyer to register my intellectual property and trademark?
For all of your, trademark registration and enforcement needs, contact Drishti Law.
We offer a suite of services customizable to your brand’s needs that increase your intellectual property’s visibility.
Are you unable to resolve a trademark or domain dispute because it is taking too long? Allow Drishti Law to review your case. We will support you in legal proceedings to enforce your trademarks.
The journey to establishing the superiority of your products or services might begin with a distinct, legally protected brand. Do not delay in hiring a competent trademark attorney!
We’re here to help.
If you need an intellectual property attorney to enhance and manage your portfolio, please get in touch through the form below or give us a call!