A trademark is a design or expression that serves as a unique identifier of the source of goods or services. Trademark protection emanates from use of the mark and federal registration is not a prerequisite to trademark ownership in the U.S. There are, however, benefits to federal trademark registration including, for example, providing constructive notice to the public, including would-be infringers, of your claim of ownership of rights in the trademark. Trademark protection is critical in business because it protects against competitors improperly benefiting from the good will associated with another’s brand. Where a party chooses to file a trademark infringement action, they will need to establish a likelihood of consumer confusion as to the source of goods as between the registered trademark and another’s design or expression.
As a trademark lawyer, Chiacchio IP advises clients regarding the trademark registration process and trademark-related matters; prepares, files, and litigates oppositions to pending applications to register trademarks pending before the USPTO’s Trademark Trial and Appeal Board; and litigates trademark infringement disputes filed in federal court.
Chiacchio IP is an active contributor to industry literature. We also give frequent presentations on topics relating to business patents and other intellectual property.