Trademarks

Trademarks are a mysterious subject to many people. Most people can confidently say they’re used in business, and can successfully point out a lot of famous (and a few not-so-famous) marks, but when it comes to what a trademark is or what it does, the confidence wanes rapidly.

What is a Trademark?

A trademark is anything used to identify yourself and/or your products in the marketplace. This is usually a company’s name, logo, and possibly their slogan, but anything that consumers will associate with a specific seller can be used as a trademark. This could be a shape, like the shape of the Coca-Cola bottle; a sound, like the 3-note chime that plays with NBC’s logo; a color, such as the shade of magenta used by T-Mobile; or even a smell, such as the scent used in Verizon’s stores (yes, these are all registered trademarks).

Why You May Want or Need a Trademark Attorney

Trademark law is very confusing and complex. Trademarks are protected under common law, state law, and federal law, making it difficult to know and stay up to date on the legal trends. The process of registering a trademark with the United States Patent and Trademark Office is also very complex, and it is easy to have a trademark application rejected due to an error made in the application process. A trademark lawyer can help you:

• Know whether your preferred mark will encounter legal difficulties
• Register your trademark on either the federal or state level
• Protect your mark from infringers

Kelley’s Services

Kelley’s trademark practice focuses on helping her clients protect their trademarks, so that they can have peace of mind while they build their brand. Her goal is to take care of all the pesky legal details for her clients, so they can focus on what they do best: making money by selling a great product or service. Her services include:

• Advice on trademark questions
• Review of pending or existing licensing agreements
• Contract drafting
• Trademark registration