Danbury, Southbury, and Westport Trademark Attorneys
Responsive & Efficient Legal Representation in Fairfield County and Western Connecticut
Trademarks are important business assets. For many products, a trademark is what sets them apart from the competition. Trademarks are valuable because they identify the source of goods and services. Like all business assets, they require both protection and maintenance.
At Chipman Mazzucco Emerson, our team of highly skilled lawyers helps clients in Fairfield County and Western Connecticut establish, protect, and maintain trademarks. We regularly represent clients before the United States Patent and Trademark Office in prosecuting federal trademark applications. We have brought and defended actions before the Trademark Trial and Appeal Board. Representative clients have included companies in the food, software, supplement, catalog sale, and leisure activities industries.
Trademarks are common law property rights that may be enhanced by federal registration. To achieve federal registration, a trademark must generally be in actual use in interstate commerce, and specimens must be provided with the application.
An important adjunct to the registration process is the right to file applications based on the “intent to use” a trademark in commerce. This can enable a business to protect a name or logo while the products or services are still in the development stage.
It is prudent, when forming any new business, to perform a basic trademark search. This will not only rule out potential conflicts with other businesses down the road but also indicate whether it will be feasible to obtain a registered trademark for the business name.
We Protect Our Clients Intellectual Property
Clients turn to us to protect their intellectual property because we take the time to become familiar with their brand and products so we can help simplify the legal process. We walk them through each phase of obtaining trademarks, including:
- Registering the trademark with the United States Patent and Trademark Office (USPTO)
- Registering the trademark in specific states
- Ensuring the registered trademark is maintained
- Identifying trademark infringement and dilution issues
- Licensing and assigning the trademark
- Purchasing existing trademarks
What Are the Benefits of Securing Trademarks?
Although the trademark registration process can be frustrating and confusing if you aren’t familiar with this area of the law, business owners who successfully obtain trademarks gain the following benefits:
- Exclusive ownership rights
- Notice of exclusive rights, recognized throughout the U.S.
- The business can legally use the “®” symbol
- The trademark registration will become incontestable after five years
- The trademark can serve as the basis for registration in other countries
- The trademark entitles the owner to file an infringement lawsuit in federal court, with many procedural advantages, such as the reimbursement of legal fees
Trademark Infringement Litigation
Chipman Mazzucco Emerson business lawyers fight hard to protect and maintain our clients’ rights to their trademarks. If necessary, we litigate trademark disputes and conduct declaratory judgment proceedings. We possess decades of practical trial experience and feel comfortable arguing cases before judges and juries. We can prepare you for the courtroom so you can confidently pursue the rights you deserve under the law. Our firm litigates trademark disputes over:
- Similarity of marks
- Similarity of goods or services
- Second users and constructive notice
- Concurrent registration
- Prior use
- Senior registrant rights against pre-registration user
- Secondary meaning and descriptiveness
Put Our Experience & Guidance in Your Corner
Our legal team at Chipman Mazzucco Emerson can handle all of the important details and necessary paperwork for your trademark case so you can keep your focus on running a successful business. We are here to answer all of your questions regarding trademark law, so please call or email us.
Tailored Legal Solutions
We strive to find the optimal solution for each unique situation. We are well aware of conventional approaches, but we also think outside the box.
Highly Competent Legal Guidance
We will analyze your situation thoughtfully and investigate the relevant law thoroughly to devise a creative solution, customized for your situation.
Responsive and Accessible
We pride ourselves on responding promptly to every inquiry as we recognize that your time is valuable and that your needs are immediate.
Deep Bench of Attorneys
At our firm, our attorneys have over 100 years of combined experience, each able to bring their unique knowledge and skillset to your case.