Trademarks are source indicators – they show who is behind a product or material. While trademarks are usually names, logos and slogans they can even be store configurations, sounds, product shapes and colors. You will see them marked with the ™ symbol when they are being claimed by the user, and ® once they are federally registered. They are separate from copyright, which protects the expression of the idea, and patents, which protect the idea itself. Nearly every business, product, band, film or television production, website and even some celebrities’ names make use of trademarks and need to apply trademark laws to protect and enforce them.
The Law Offices of Ryan Alexander can counsel you on what steps you need to take to adequately protect your trademarks, and file your federal and state trademark registrations. We can litigate Patent and Trademark Office actions and appeals if your registration process is a difficult one. We work with trademark protection companies and can manage the protection of your marks once they are in use; this allows you to have peace of mind that your marks are being monitored and enforced nationally or worldwide. We can draft contracts and licenses for your trademarks to be used in any aspect of the entertainment industry or in commerce. We engage intrademark litigation and can either enforce your copyrights in prosecuting infringers who are using your trademarks without permission (or something that is uncomfortably similar), or defending you if you have been accused of trademark infringement. We can remove bad faith cybersquatters from domains that use your trademarks using anti-cybersquatter laws that use trademark rules and ICANN arbitration proceedings.
Along with trademarks, you may need to file or manage copyrighted materials, draft a non-disclosure agreement for your new prospectus. You may need a private placement memorandum and state securities exemption documents if you intend to raise money through investors. You may need a new business entity which is using your trademarks to manage your revenues.