Michael Coblenz Attorney at Law

Lexington's solution for all trademark law

A trademark is basically a brand name. A trademark is a word, phrase, symbol, design (or combination of words, phrases, symbols or designs) that identifies and distinguishes the source of the goods (or services) of one party from those of others. Common trademarks include Ford for cars, McDonalds for hamburgers, and Kodak for cameras. An example of a symbol is the apple with a missing piece for Apple Computers.

Trademark rights are acquired by using the mark in association with the sale of goods or services. There is no requirement that a mark be registered, but there are a number of benefits to registering a mark, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of nationwide ownership, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

To obtain a federal registration the mark must be used in interstate commerce, or in commercial activities in more than one state. If the mark is only used in a single state it is possible to obtain a state registration, or to claim common law trademark rights.

For more information on trademarks, go to the Patent Office Web site, www.uspto.gov. The most informative basic page can be found here: Trademark Basics.

Trademark Services

Trademark Services

  • Searches: Search trademark databases to determine the availability of a trademark.
  • Trademark Use Counseling: Assist clients in determining need for state or federal registration.
  • Registration: Draft, file and prosecute trademark applications.
  • International Registration: Coordinate with foreign trademark offices or foreign attorneys to register trademarks overseas.
  • Opposition and cancellations: Represent clients in opposition and cancellation proceedings before the United States Patent and Trademark Office.
  • Post Registration Management: Manage re-registration fees. Arrange and manage marketplace monitoring to ensure that others are not improperly using the mark.
  • Enforcement: Enforce trademark rights against misuse.
  • Licensing: Assist clients in the assignment or license of a trademark to a third party.