Trademark

By definition, a trademark can be any word, name, symbol, or device, or any combination thereof used to identify and distinguish the source of goods or services from those of others.  Protect your business brands and logos through trademark registration.  If your trademark is distinctive and used on or in connection with goods or services in commerce, it is eligible to be registered with the USPTO.

Ganter Law assists businesses and individuals in their strategy to develop and obtain trademark protection for their brands, symbols, slogans and logos.  Ganter Law offers the following trademark services:

• Trademark counseling (pre-filing, post-filing and pre-litigation)
• Trademark searches and opinions
• United States trademark/service mark registration
  • Actual Use Application
  • Intent to Use Application
• Alabama trademark/service mark and trade-name registration
• Trademark prosecution before the United States Patent & Trademark Office
• Trademark Monitoring
• Trademark Amendments
• Trademark Renewals
• Trademark Licensing and Assignments
• Trademark Opposition and Cancellation Proceedings before the Trademark Trial and Appeal Board (TTAB)
• Trademark Litigation.

Trademark registration is the primary tool for protecting a business’s brands, symbols, slogans, logos and symbols.  Specifically, trademark registration protects a trademark owner by giving notice to others in the marketplace that the trademark in question is taken with relation to those goods or services.  Additionally, United States trademark registration gives an owner remedies for infringement that are not available without registration.

Trademark Counseling

Ganter Law is committed to assisting businesses with their trademark strategy and portfolio.  Apart from registration of a trademark, Ganter Law can help with pre-trademark registration issues such as the viability of a selected trademark and the strength of that particular mark given the other operators in the same market.  Ideally, a trademark should be chosen only after a comprehensive search has been performed by a qualified attorney.  Many times a business or individual will decide upon and pick a particular mark to identify their particular product or service without having a search performed.  Some businesses are fortunate and never have any problems with the use of their trademark, but some open themselves up to trademark infringement and the internal costs of having to rebrand and re-label a product that has already been advertised, produced and labeled.  Avoid these potential problems by speaking with Ganter Law today!

Trademark Search and Opinion

Ganter Law strongly recommends that a trademark search be performed before filing a trademark application.  A trademark search is designed to inform the applicant what competing trademarks exist and to minimize the chance of being sued for trademark infringement.

At the client’s direction, we will perform a trademark search using the most trusted trademark search database available in as many jurisdictions as desired.  Upon completion of the search, Ganter Law will render an opinion to the client regarding the results of the search and the availability and strength of the potential trademark with respect to the particular goods and services of the client.

United States Trademark Application & Registration

A trademark may be registered on the Principal or Supplemental Register of the United States Patent and Trademark Office by filing the appropriate application.  Requirements for trademark registration include:

• Use of a trademark in commerce or a good faith intent to use a trademark in commerce within a certain period of time
• The mark must be distinctive or must have acquired secondary meaning
• The mark is being used appropriately to identify goods or services

Ganter Law will draft your U.S. trademark application and file it with the USPTO along with the requisite filing fee.

Alabama State Trademark Application & Registration

Trademark protection in Alabama closely mirrors U.S. federal trademark protection but applies only to a trademark used in the State of Alabama.  In addition to trademarks and service marks, it provides protection for trade names that identify a business but are not used as a trademark.  Registration of an Alabama trademark is a great option for a business that has created a unique brand, symbol, logo or slogan but will only use it within the State of Alabama.  It is also a great option for new businesses that will eventually grow their businesses outside of State borders but need protection in Alabama in the interim.  Alabama registration is less expensive than federal registration and should be strongly considered by all businesses.