The purposes for the existence of the trademarks and the reasons to have them protected are to make it easier for the consumer to identify goods and services and to encourage production of quality goods and providing of quality services. Attorney Leonid Mikityanskiy has represented individuals and businesses in obtaining trademarks, including trademarks for store chains, equipment manufacturers, diamond sellers, major alcoholic beverage brands, restaurants, foods, sports clothing, jewelry, handbags, and others.
Experienced Brooklyn, NY and Bucks County, PA trademark lawyer Leonid Mikityanskiy can help you protect your existing trademark rights and develop a plan to build and maintain a successful brand.
The trademark services at Law Offices of Leo Mikityanskiy include:
- U.S. Trademark prosecution: preparation and filing of federal trademark applications and prosecution of these applications before the USPTO.
- Responses to USPTO rejections of trademark applications based on likelihood of confusion, merely descriptive, or merely geographically descriptive arguments.
- Trademark searches and opinions.
- Trade dress (product packaging) protection.
- Trademark licensing: negotiating the terms and preparing agreements to license or assign trademarks.
- Trademark enforcement: policing trademarks, litigating trademark infringement, counterfeiting, dilution (blurring and tarnishment), injunctions, and defense against claims of trademark infringement; preventing the importation of infringing goods into the United States and working with the U.S. Customs and Border Protection.
- Internet domain name disputes through UDRP administered by WIPO.
- False advertising and unfair competition.
What Can I Use As A Trademark?
A trademark or service mark includes any word, name, symbol, device, expression, color, sound or any combination that is used or intended to be used in commerce to identify the goods or services and to indicate their source. Logos, designs, and Internet domain names can be trademarked.
Why Register A Trademark?
There is no requirement to register all trademarks that are used in commerce. Trademarks used in commerce that have not been registered can be denoted with a “™” symbol after the mark (this is called a common law trademark), rather than a “®” symbol reserved for registered marks that appear in the USPTO registry. However, federal trademark registration has several advantages: (1) a notice to the public of the registrant’s claim of ownership of the mark, (2) a legal presumption of ownership nationwide, and (3) the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. Many states offer state-level trademark protection. However, it is not better than the federal trademark protection because it is limited to the state, and federal trademark protection has broader scope. With valid, registered trademarks you can prevent the importation of infringing goods into the United States.
What Are Trademark Searches?
Trademark searches help determine whether there is already a trademark that is the same or similar to the one the applicant or business owner wants to use. Conducting a trademark search is important for determining whether your trademark can be registered and whether you can use your trademark in commerce without the danger of infringing someone else’s trademark.
Are Internet Domain Names Trademarks?
Internet domain names can be trademarked. Large, powerful companies have many domain names associated with their names and their brands. Very frequently, trademark disputes concerning the ownership of domain names arise between these companies and domain name registrants. These disputes are resolved through Uniform Domain-Name Dispute Resolution (UDRP), including UDRP administered by World Intellectual Property Organization (WIPO). All domain registrars must follow UDRP, and all domain name registrants agree to follow UDRP when they register a domain name.
Law Offices of Leo Mikityanskiy represents clients in Brooklyn, NY and Bucks County, PA. If you wish to discuss your trademark or brand matter, please contact trademark attorney Leonid Mikityanskiy today at our Brooklyn, NY office at (718) 256-3210 or our Bucks County, PA office at (215) 357-1400.
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