Trademark Law

Our trademark attorneys specialize in online trademark infringement litigation.

The Burgoyne Law Group’s trademark attorneys help businesses establish and protect their trademarks and brands, both on the Internet and as used on tangible goods. Our attorneys also defend the rights of businesses to lawfully use their competitors’ trademarks for advertising and other legitimate purposes.

A trademark is a combination of words and/or symbols used to identify a unique source of goods or services (a “service mark”). Unlike in some countries, trademark rights in the United States may be established through use of a trademark in commerce, without any requirement of registration. Federal trademark registration, however, provides certain benefits, including as to the presumed geographical scope and strength of a trademark. An experienced trademark attorney can help you decide whether to register your trademark.

Ask a Trademark Lawyer: Should I Register My Trademark?

In the United States, trademark rights may be established by using a trademark in commerce. If you’re already using a non-infringing trademark to identify your goods or services (a “service mark”), then you have rights in that trademark regardless of whether you’ve registered it. Still, registration with the U.S. Patent and Trademark Office provides benefits. Those benefits include:

  • Notice – trademark registration constitutes constructive notice to others of your trademark rights
  • Presumption of Validity – trademark registration is presumptive evidence of your exclusive right to use your trademark with certain goods or services
  • Federal Court Jurisdiction – registration gives you the right to bring a trademark infringement lawsuit in federal court
  • Registration Symbol – registrants may use the federal trademark registration symbol (“®”) with their trademarks
  • Foreign Registration – you can use your U.S registration to obtain foreign registrations
  • Customs Assistance – filing your registration with the U.S. Customs Service helps prevent the importation of counterfeit goods

The trademark registration process is not without drawbacks. Trademark registration filing fees can be expensive, as can attorneys’ fees. While you need not work with a trademark attorney, inexperienced applicants are at risk of making costly mistakes. To secure your registration, you may also face repeated “office actions” or even Trademark Trial and Appeal Board proceedings. Worst of all, if your registration is denied, you may decrease your negotiating power with potential infringers, and later may find yourself accused of knowingly infringing a previously-registered mark that you learned of during the application process.

Our trademark attorneys can help you balance the benefits and drawbacks of trademark registration. To arrange a consultation with a trademark lawyer, contact us.

Our trademark attorneys have successfully represented brand owners and defendants in trademark infringement litigation. Our attorneys also counsel trademark owners on trademark registration and licensing issues, and on trademark compliance monitoring and investigations. Our lawyers have particular expertise in online trademark issues such as cybersquatting, domain name theft, and PPC- and SEO-related trademark infringement.

As examples, our trademark lawyers have successfully handled the following types of matters:

  • Online trademark infringement investigations and litigation
  • Cybersquatting litigation and UDRP domain name arbitrations
  • PPC- and SEO-related trademark infringement counseling and litigation
  • Domain name theft and domain name ownership and transfer disputes
  • Trademark compliance monitoring and investigations
  • Domain name assignments, sales and brokering
  • Trademark registration and Trademark Trial and Appeal Board litigation

Regardless of whether you’re a trademark infringement plaintiff or defendant, the passage of time can affect your rights. If you are considering filing, or have been served with, a trademark infringement lawsuit, contact us to arrange for an immediate consultation with one of our trademark lawyers.

For more information on our trademark attorneys and our trademark law practice, please see our attorney bios, the list of representative trademark law matters handled by our attorneys, and our intellectual property litigation practice page. We also invite you to visit our Internet industry practice page and our Intellectual Property Licensing & IP Litigation Blog, and to arrange a consultation with one of our trademark attorneys.

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Discuss your trademark law matter with one of our attorneys today