Trademark Protection

Trademarks can be seen by you everywhere you go. Brands form element of your life. When you brush your teeth and wake up, you will see the trademark of your toothbrush and toothpaste. When you ride a bus to work, you will see trademarks in every corner from institutions that are different.

Early history of logos

Symbols have been around as early as 5,000 B.C. Archaeologists have discovered markings on pottery. Additionally they discovered cave drawings revealing flanks of bison with symbols.

Archaeological researchers also discovered inscriptions on early sculptural works, for example glassworks vases, bricks, and precious metals. So, these marks and symbols may represent the source or possession of the post or the settlement of accounts between merchants during that time.

Definition and function of a logo

What exactly is a trademark? A trademark is simply signal or a symbol that distinguishes the goods or services of a business from that of another. Trademarks are also an indicator that goods come up to specific standard of quality.

Trademarks may also be in the type of Slogans. Example of Slogans are KFC’s “Finger Lickin’ Good” and Nokia’s “Connecting People”.

They say that lives of people are govern and changed by brands. Such statements is accurate somehow, since folks buy goods base on brands. People buy based on what the brands’ portrayal of the goods or what these merchants of the goods claim to be.

Brand attorneys in Washington DC don’t merely specialize in protecting trademarks. They are also knowledgeable about the different aspects of logos in order to bring consumers to purchase their product that merchants use.

History of trademark law in the U.S.

In the year 1870, the Federal Trademark Act was passed. This was the first law of the U.S. that supplies trademark protection. Nevertheless, after just a few years, the law was declared as unconstitutional by the U.S. Supreme Court for being contrary to some patent provisions in the U.S. constitution.

On March 1881, a trademark law in replacement of the Federal Trademark Act was enacted. The law was based on the interstate commerce clause in the constitution. Yet, it has a major amendment in 1905 and it was subjected to lots of revisions as it was not able to adjust together with the growth of American economy.

The U.S. congress had a hard time passing a law that can address the need for trademark protection, until the enactment of The Lanham Act. Initially, the Lanham Act put emphasis on aim and actual utilization of the symbol for its enrollment. This option was later abolished in a change made to the act. Lanham act was likewise the very first law in the U.S. that provided protection to service marks.

Function of brand attorneys

Trademark attorneys or lawyers, like Ludwig & Dunlapp Bennett, specialize in prosecuting cases involving persons who copy or adopt a mark similar to other’s brands, use them on their products, and sell these products bearing the trademarks that are copied as their own.

Trademark attorneys, especially in Washington DC, are liable for filing oppositions, cancellations, and applications for trademark registrations. Sometimes, trademark registrations before the U.S. patent and trademark office (USPTO) do not require the applicant to possess adequate knowledge about the law, since they simply need to ensure that the trademarks in their application isn’t confusingly similar to that of others.

But, the intricacies of the process of resistances and submitting disputes before the USPTO requires the knowledge of a brand lawyer. Additionally, filing cases for infringement cases highly demands knowledge of the law.

The functions of trademark attorneys such as Dunlapp Bennett & Ludwig additionally include preparation of franchising, licensing and other contracts, filing replies to disputes, trademark investigation, and preparation of authorizations (including exceptional and general power of solicitors).

Possession of brand is a right

Trademark is a property right of a merchant which he is able to assert against the entire world. In this way, he can protect the goodwill of his brand which was the product of his years of ad and hard work against anyone who wants to take advantage of his brands’ goodwill by copying the brand and selling similar goods to that of the original trademark owner.

Nevertheless, his right to sue and recover monetary compensation is contingent on the law of the infringing merchant’s state.

Also, in the event the symbol is a well-known symbol, as defined in the Paris Convention for the protection of Industrial Property, it’s afforded more protection, since in some jurisdictions, a foreign mark might not be shielded if it is not well-known in the country of the retailer who replicated such foreign symbol.

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