In assessing whether trademark protection is available for a particular mark, we examine the mark from both a legal and factual perspective. Legally, we determine whether the mark is eligible for trademark protection, meaning that it is not simply generic or overtly descriptive of the underlying goods and/or services. We will execute a search, upon request, to evaluate whether your mark falls within the scope of another’s trademark registration.
Trademarks and trade dress are used to protect the unique word, phrase, symbol, design, packaging, logo, brand, or a combination thereof, which distinguish your business, its goods and/or services from that of another. Depending on the legal strength and uniqueness of the mark, common law trademark rights may be acquired simply by using the mark in commerce. However, common law rights are limited based on the trademark owner’s geographic scope of use. Moreover, while an owner may possess common law rights, the enforceability and scope of a trademark is uncertain until the issue is decided in litigation. Federal registration with the USPTO allows a holder to establish nationwide ownership, priority, and a presumption of validity for a trademark. An applicant may also reserve a trademark that has not yet been used in commerce through an intent-to-use application. At Polson IP Law, we understand how valuable branding is for building goodwill and the loyalty of consumers. We work hard to provide the correct scope of protection for the identity of your business and to maintain those rights.