We offer a wide range of trademark services to protect your brand.
At Kennedy Law, we understand that your trademark is often your most valuable business asset. You have invested a substantial amount of time and resources in building your brand, now let us protect it. If you are in need of a knowledgeable trademark attorney in Dallas we are here to help. Our Dallas-based trademark registration and cancellation lawyers are experienced in protecting and enforcing trademarks in Texas and throughout the United States.
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one party from those of another. Trademarks help to promote brand awareness among consumers. In the United States, trademark rights are established through use of the trademark in interstate commerce.
Trademarks are highly valuable assets for your business. They represent consumer goodwill and trust in your brand. Trademarks are a leverageable asset for your business because they have the ability to appreciate over time. Because of their value, it is important to register your trademark with the USPTO. Federal trademark registration helps to prevent third parties from using your trademark, or a similar mark, in a manner that would confuse consumers. Registering your trademark with the USPTO has several benefits. Registration of your trademark provides constructive notice to the public of your ownership of that mark and a legal presumption that your mark is valid. Federal registration is also a prerequisite for bringing a trademark infringement suit if someone begins infringing your trademark.
Once you obtain your federal trademark registration, it can be used as a basis to secure registration of your trademark in a foreign country and it can be filed with the U.S. Customs Services to prevent importation of infringing goods. After registration of your mark with the USPTO, you will be permitted to use the federal trademark registration symbol “®” in conjunction with your mark.
Even after registration of your trademark, there are several required maintenance filings that must be filed with the USPTO to preserve your trademark rights. If you miss one of these maintenance filings, you will lose your trademark, which it’s why it’s important to work with a trademark attorney.
Our trademark services include:
- Evaluation of your prospective trademark for clearance
- Registering your trademark with the United States Patent and Trademark Office
- Registering your trademark in individual states
- Trademark Maintenance Filings
- Trademark Monitoring
- Defense of trademark office actions
- Trademark Trial And Appeal Board Opposition and Cancellation Proceedings
- Trademark Litigation
Our trademark attorneys are experienced in protecting and enforcing your trademark. Our team has extensive experience in trademark litigation, including prosecution, cancellation, and defense of trademark infringement claims. To prevail in a trademark infringement case, the plaintiff must prove (1) that it has a valid, protectable trademark; (2) that plaintiff owns the trademark; and (3) that the defendant used the trademark or a mark similar to the plaintiff’s trademark, without consent of the plaintiff, in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods. We have successfully represented both trademark owners and defendants in trademark infringement litigation. If you believe that someone is infringing your trademark, a trademark attorney from our firm can determine if there is a likelihood of confusion between the two marks. Trademark infringement suits can be costly and complex and Kennedy Law’s trademark attorneys provide effective and cost-efficient representation to meet your needs.
To arrange a consultation with a trademark attorney in our Dallas office, contact us.