Obtaining trademarks for your goods is a potent strategy to differentiate your company from the competition. In addition to giving your products more legitimacy and uniqueness, a trademark lets customers know that what you sell is yours alone and cannot be found anywhere else. Your brand's identity and competitive advantage may be weakened if your items are not protected by a trademark and are instead confused with generic substitutes.
Our specialty at David R. Mullany, Esq. is assisting companies in safeguarding their distinctive qualities. Our staff keeps up with the most recent developments in both state and federal trademark law, enabling you to safely and easily navigate each stage of the registration procedure. We're also ready to support you if your trademark is ever violated, taking prompt legal action to protect your rights and hold offenders accountable. We are your committed trademark partners, working to preserve what makes your company unique.
Call David R. Mullany, Esq. at (978) 549-8900 for a Free Consultation.
What is a Trademark?
Trademarks are essential for setting your items apart from those of competitors in the Boston market. A trademark is more than simply a name or symbol; it tells customers that your products are from a reliable and distinct source—you.
Trademarks are frequently used to protect goods and services, but if certain legal conditions are met, they can also protect your company name. By obtaining the appropriate trademarks, you fortify the identity of your company and shield your reputation from misunderstanding or abuse.
Types of Protectable Trademarks
The United States Patent and Trademark Office (USPTO) classifies trademarks into four types:
- Trademarks: These cover words, phrases, designs, logos or symbols that can be used to identify your products,
- Service marks: Much like trademarks, service marks are identifiers which will distinguish your services from others.
- Collective marks: These marks will help identify the source of a particular company or organization’s goods and services.
- Certification marks: This certification highlights the geographical origin, materials, quality and key characteristics of a specific product or service.
It is important to remember that the trademark that will be registered by the business must be distinctive enough for it to qualify as a protectable trademark. Generic terms that describe your product or service cannot qualify as trademarks.
Registering Your Boston Business’ Trademarks
While businesses don’t need to register their trademark before they can use it, the fact that it will protect your business and offerings from potential infringement and prevent confusion for your customers is crucial to your business’ success. Fortunately, registering a trademark is a straightforward process, whether you apply for a federal trademark with the USPTO or with Massachusetts’ Secretary of the Commonwealth.
The process is as follows:
- Search: Your intended trademark must not be used by anyone to prevent conflicts with other businesses, as well as reduce the chance for your application to be rejected.
- Clearance: The trademark must be distinct and pass the requirements set for the type of trademark being registered.
- Application: The application for the trademark can now be made and it must indicate the type of trademark, the products or services to be associated with the trademark and the geographical coverage of the trademark.
- Examination and Publication of Trademark: The application will then be reviewed to determine if it means all legal requirements and does not conflict or mirror an existing trademark. If it passes, the trademark is published for other parties to contest.
- Opposition period: Any party can contest the published trademark if they have due evidence that it matches or mirrors their own.
- Registration: If there is no opposition or the opposition is not proven, the trademark will be granted to the applicant.
It is worth mentioning that the legal protections for both federal and state trademarks vary from one another. Federal trademarks will protect your trademark throughout the country, regardless of where it is used. Meanwhile, state trademarks will only protect your trademark within the borders of the state, in this case, Massachusetts. It is also valid for only five years once it is registered and will be subject to renewal. Fortunately, applying for and renewing your state trademark is both affordable and faster compared to federal trademark registration.
We at David R. Mullany, Esq. are available to help you at every stage of the trademark process, from figuring out if your mark is protected to making sure it is correctly registered and renewed. We'll thoroughly evaluate your trademark, write a compelling and truthful description, and make sure all submissions comply with Boston law. When it's time for renewal, we’ll manage the necessary paperwork to establish your continuous use and ownership of the trademark.
Understanding Trademark Infringement
In instances where another company or individual violates your registered trademark by utilizing your product without your consent to cause confusion or earn from, it is considered as trademark infringement. There are different types of trademark infringement and they are as follows:
- Unauthorized use: The other party deliberately adopts a copy or a resemblance of your trademark, causing confusion.
- Counterfeiting: This involves the unauthorized reproduction or imitation of your product and selling off the counterfeit product as if it is the real product. This form of copyright infringement can become more severe if it poses health and safety risks to those who purchase it.
- Cybersquatting: This takes place when an individual or a business deliberately registers a domain name that is identical or similar to your registered trademark with the intention to profit from it.
- Parallel imports: This violation involves importing and selling genuine trademark goods without notifying the trademark owner and getting their approval.
- Comparative advertising: For this violation, the other party is using their advertising to compare their products with a trademark product, clearly identifying them in order to mislead.
- Infringement in social media: Trademark infringement in social media happens when another business or individual uses a trademark in their usernames, hashtags or handles without getting the approval of the trademark owner.
As the trademark holder, you need to be vigilant in finding these infractions and enforce your rights as the legitimate owners of the trademark. If you find evidence that another company has infringed your trademark, don’t hesitate to contact our experienced Boston trademark lawyers at David R. Mullany, Esq. to explore how you can act against these violations.
Legal Actions Against Trademark Infringement
Once you identify that your trademark has been infringed by another party, you can consider the following legal action against them:
- Cease and desist: The violating party will receive a cease and desist order from you and demand them to stop using your trademark. This is usually the first course of action to take for copyright infringement if you don’t want to go immediately to litigation.
- Negotiation and settlement: If the infringing party wants to be compensated or in favor of negotiating an agreement with you for their use of your trademark, you can get your legal team to negotiate on your behalf.
- Litigation: If the infringing party does not want to stop using your trademark, litigation is the best option to select. This will call the court to review the allegations and decide what penalties will be demanded from the infringing party. If you will consider litigation, there is a four-year statute of limitations rule in Massachusetts for any infringement claims.
Our skilled trademark lawyers at David R. Mullany, Esq. are knowledgeable in Boston trademark law and are available to help you at every stage. We will assist you in developing a compelling case, preparing all required court filings, and investigating workable options specific to your circumstances. Our legal staff is prepared to carefully and precisely protect your brand, whether you're seeking an injunction or want to fortify your trademark for future protection.
Why Choose David R. Mullany, Esq. as Your Boston Trademark Law Attorney
Our Boston, MA business law firm offers comprehensive business legal solutions for any type of business, of any size and industry. We understand how complicated it is to understand and deal with various aspects of business law, especially if it involves protecting your products and services. When clients reach out to us for any business legal issue they may have, we make sure that they are guided through every step and do our best to get the best solution for their legal issues.
For trademarks and related concerns, David R. Mullany, Esq. offers the following benefits to clients:
- Free Consultation: We will review your trademark needs, explain the trademark registration process and the benefits of registering your trademark.
- Trademark application: Our team will prepare your trademark application and ensure you have all the necessary documents ready for review.
- Trademark monitoring: Our legal team will monitor the progress of your trademark application and enforce your trademark once it is approved.
- Legal representation: If the trademark is violated, our team can immediately mobilize to report the violation in court or negotiate on your behalf.
- Trademark renewals: David R. Mullany, Esq. can also handle trademark renewals if your existing trademarks have expired.
Free Consultation Today
Although obtaining trademarks for your goods may appear to be a difficult procedure, the long-term advantages for your company make the effort worthwhile. In addition to safeguarding your brand, a registered trademark enhances your reputation and helps you stand out in a crowded market.
Our skilled Boston company law office can assist you whether you're prepared to register a new trademark or require advice on how to handle possible infringement. We are pleased to guide you through the procedure, respond to your inquiries, and offer specialized legal assistance in line with your objectives.
Let us take care of the minutiae so you can confidently concentrate on building your brand. To find out how we can help with your Boston trademark legal issues, get in touch with us right now.
Call David R. Mullany, Esq. at (978) 549-8900 today for a Free Consultation.