Trademark Lawyer in Brooklyn, Protecting Your Brand’s Intellectual Property from Start to Finish
There are various forms of intellectual property (IP), but for many brands and businesses, trademarks are the most important. These brand identifiers literally dictate how the public perceives and experiences your brand. They can simultaneously serve as a source identifier, marketing tool, and so much more. If you have legal needs involving this form of intellectual property, a trademark lawyer in Brooklyn may be able to help.
At The Law Office of Vincent Miletti, Esq., we have spent years assisting residents of New York and New Jersey with their intellectual property needs. If you are building a brand — no matter how far along you are in the process — you need to protect your identifying marks. This will help avoid consumer confusion, dilution of your brand, and much more. Contact us today to schedule a free initial strategy session and learn more.
What Is a Trademark? Should You Register Your IP?
A trademark is a word, design, phrase, symbol, or combination of these elements which identifies the source of goods or services. For instance, a brown bag with golden arches is immediately identified as coming from McDonald’s — and nearly everyone could easily identify the castle logo used by Disney. A trademark lets the public know who they’re doing business with.
In some areas of intellectual property law, there’s debate over whether registration is beneficial. For instance, maintaining a trade secret is often viewed as far more profitable than filing for a patent. However, this isn’t the case for trademarks. Without federal registration, you won’t have access to important legal remedies available to intellectual property owners. Even state registration doesn’t provide full protection.
If you’re building a brand, you should consult with a trademark lawyer in Brooklyn.
Can You File a Trademark Application Without a Lawyer?
The Trademark Electronic Application System (TEAS) makes it simple for anyone to seek protection for their intellectual property. Because of this, you could certainly submit an application on your own. If everything goes smoothly, you might have intellectual property protection within months. Unfortunately, this isn’t always how the process unfolds. Simple mistakes could result in Office Actions and even a refusal.
This is why it never hurts to first speak with a Brooklyn trademark attorney. A legal professional can ensure you’ve taken all the appropriate steps and are filing the right paperwork. For instance, did you know there’s a different process for filing based on whether you’ve already used or intend to use your trademark in commerce? By speaking with an attorney, you can save time and money on the registration process.
What Should You Do if You Discover Infringement?
Unfortunately, a trademark registration does not mean your intellectual property won’t be infringed upon. In fact, the government doesn’t even have a mechanism in place for identifying infringing actions. The responsibility of policing misuse of your trademark actually falls to you. A law firm can offer trademark watch services on your behalf, but what happens when infringement is identified?
You have a few options in this scenario. One of the easiest — and often the most effective — is to send a cease and desist letter. You can also submit a Notice of Opposition or cancellation request if someone is seeking to claim rights over your intellectual property. If all else fails, filing a lawsuit in federal court is an appropriate course of action. Consider discussing this with a trademark lawyer in Brooklyn to understand your options better.
Contact a Trademark Lawyer in Brooklyn Today
A brand’s intellectual properties are the most valuable assets it holds. While some may view patents as more important, trademarks are literally the identity of a brand. If you fail to protect these properties, your business will no doubt suffer for it. Fortunately, there are legal remedies available when your trademarks are misused. A Brooklyn intellectual property attorney can help you understand your options.
At The Law Office of Vincent Miletti, Esq., our legal team is committed to securing the best outcome for our clients. In some instances, this simply means making the trademark registration process go smoothly. In other situations, it could mean representing them in TTAB proceedings or intellectual property litigation. Whatever your legal need, our trademark lawyer in Brooklyn is ready to help. Contact us today by calling (609) 353-6287 to schedule a free initial strategy session.