03. Trademark Law
At Hamtini Law we are dedicated to helping you secure the trademark that represents the quality, uniqueness, and distinctiveness of your brand. Providing high-quality legal services for entrepreneurs, small business owners, and startups nationwide, we work diligently to ensure your trademark is shielded from wrongdoers who could harm your reputation and bottom line. Our firm’s sole focus is on one thing — protecting your brand — so you can concentrate on growing your business
Nearly anything that identifies your brand and distinguishes it from others can be a trademark, such as a word, phrase, slogan, symbol, business or product name, and design. However, in order to have the full legal protection that comes with federal trademark registration, an application must first be submitted to the USPTO. It’s critical to ensure that the trademark is filed correctly — which is not always as simple as merely completing paperwork and paying a fee.
There are numerous legal requirements to be aware of when it comes to trademark registration. There are also specific criteria that must be met to avoid office actions or delay in processing. The trademark application requires you to provide specific information, including:
A description of the trademark or service mark
The date the mark was first used
A description of the services or product applicable to the trademark
The classification of the trademark
At least one filing basis
A depiction of the trademark you wish to register
While the USPTO requires that your mark be used in commerce prior to being granted federal trademark rights, many businesses that are in the initial stages wish to protect their identity from the outset. In these cases, an entrepreneur can safeguard their brand with an Intent to Use application, which effectively serves as a placeholder until the mark is actually in use. We work with entrepreneurs at all phases of business development to create effective and tailored strategies that suit their specific needs.
It’s essential to understand you cannot make material alterations to the trademark application once it has been filed. As part of our trademark registration service, we diligently prepare trademark applications to help ensure the process goes smoothly. Our attorneys will also carefully assess your logo, design, or symbol to determine the probability of successful registration and can work with you to develop a comprehensive solution if any issues arise with your application.
We clear and register trademarks. We advise with respect to acquisition strategy for domain names and the interplay between domain names and trademark rights.
Website and e-commerce issues arise for virtually all of our clients, and our attorneys are well-versed in this rapidly developing area of the law. We routinely advise on issues including development agreements, advertising agreements, hosting contracts, domain names, privacy policies and in the legal issues surrounding contests and games.
Ensuring that your intellectual property is safeguarded with a registered trademark should be your first priority as a business owner. Your brand is what consumers depend on to identify your goods or services, and it is what you rely on to drive your revenue. When a competitor threatens your brand and bottom line, you cannot afford to leave them undefended.
From inadvertent or intentional misuse of a registered trademark to issues concerning the diminishment of a mark's value, we litigate a wide range of trademark matters in the courtroom. Our trademark attorneys skillfully handle disputes arising from:
· Trademark infringement
· Trade dress infringement
· Unfair competition
· Trademark dilution
· False advertising
· Lanham Act violations
· Trademark licensing disputes
· Trademark counterfeiting
Trademark infringement litigation may be brought in either state or federal court, depending on the facts of the case. If a court finds that infringement occurred, a judge may issue an injunction forcing the infringer to stop using the mark or order them to destroy any articles on which the mark appeared. The court may also award you monetary relief — including the profits the infringer made by using your mark. Our attorneys are committed to ensuring that your trademark rights are adequately protected, and willful infringers are held accountable for their wrongful acts.
If your brand is being jeopardized due to another's unauthorized use of your trademark, it is essential to contact a trademark attorney that can protect your intellectual property rights. Located in New York City, Hamtini Law has knowledge and experience litigating trademark matters in state and federal court, and before the Trademark Trial and Appeal Board. We offer tailored litigation solutions at reasonable rates for clients nationwide. Contact us today to schedule a complimentary 15-minute consultation with an experienced trademark litigation attorney to discuss how we can help you achieve your goals.
Representation before the Trademark Trial & Appeals Board (TTAB)
Sometimes during the process of registering a trademark with the United States Patent and Trademark Office, disputes can arise concerning whether a mark may be eligible for registration. The Trademark Trial and Appeal Board (TTAB) is the USPTO's administrative tribunal that hears opposition to trademark registration and application.
There are a few types of proceedings that the TTAB presides over. The TTAB hears appeals from business owners concerning trademark application denials issued by USPTO examining attorneys. Additionally, the following proceedings commenced by a person or entity who is disputing your use of the mark may be heard by the TTAB:
· Trademark opposition — A Notice of Opposition may be filed by a party who wishes to contest your application during the opposition period. Some common reasons for opposition include the likelihood of confusion, potential dilution, or the suggestion of a false connection with the mark.
· Cancellation proceeding — A Petition to Cancel can be filed after the trademark has been successfully registered to stop you from using the mark in commerce. Generally, cancellation actions are brought within five years from the date of registration. However, they can also be brought after a trademark was abandoned, and at any time if the trademark was procured by fraud, or if it becomes descriptive or generic of the goods or services.
· Concurrent use — Another business may also request to register a mark that is already in use by another party by filing a concurrent use application. If the TTAB determines both parties are entitled to use of the mark, the geographic scope, trade channel or usage is typically restricted.
· Interference proceeding — When a petition for an interference proceeding is filed, the TTAB will determine which owner is entitled to register their mark in the event that conflicting applications are submitted.
The TTAB has its own regulations, and it is necessary to have a trademark litigation attorney on your side who is familiar with the tribunal's specific procedures. We have extensive experience representing business owners across a broad spectrum of industries in TTAB proceedings. Working closely with you, our attorneys will skillfully develop a thorough strategy to help ensure your business objectives are met and your brand is protected.