Tips for Choosing the Best Trademark Lawyer for Your Needs

Providing effective legal guidance and representation to business clients on matters involving trademarks, trade dress, domain name issues and other aspects of intellectual property law.

A strong trademark is critical to a business’s success. It enables consumers to easily identify your products or services and associate them with your brand. Trademarks are a type of intellectual property that can be registered at the state or federal level. Texas trademark attorneys can help protect your trademarks and other intellectual property assets through registration, monitoring, and enforcement.

To register a trademark, you must demonstrate that your mark is distinctive. Your trademark lawyer can conduct a comprehensive search of existing marks to ensure that your mark is available for registration. A thorough search may include searching the internet, reviewing printed and online publications, and contacting previous trademark applicants to see whether they have registered their marks.

After conducting a search, your trademark attorney can file the appropriate applications for both state and federal registration. While a state-level registration only offers protection in the specific jurisdiction, a federal trademark provides protection across the United States.

Your Dallas trademark lawyer can also help you select a strong mark that is likely to be registrable in the United States. Generally, “arbitrary” or coined words are strongest, followed by “fanciful” marks, and then “suggestive” marks. The weakest types of marks are those that describe the goods or services, such as “Oatnut” for bread with oats and nuts; these may only be registrable after they acquire secondary meaning.

If you are unable to secure registration for your mark, your Dallas trademark lawyer can assist with cancellation or opposition actions before the Trademark Trial and Appeal Board. In addition, they can assist with enforcement and litigation of infringement claims against other businesses.