The Trademark infringement lawyers from Goldstein, Faucett & Prebeg are prepared to assist Trademark/Service Mark owners (whether an individual inventor or a large company) in the registration of Trademarks/Service Marks and the protection of those marks with a Trademark enforcement action if necessary.
A Trademark Infringement action may allow the owner of the mark to recover profits, damages and costs and possibly an award of treble damages and attorneys' fees. Owners of a mark may use the symbol ® once a federal registration has issued from the United States Patent and Trademark Office. The symbols ™ (for trademark) or SM (for service mark) are often used with unregistered marks to give notice to the public that the owner is staking out a claim in that mark.
Like with patents, the complexity of the United States Trademark laws and regulations, as well as the formal registration and renewal requirements for a Trademark/Service Mark can be misunderstood and overwhelming for persons who are untrained or unfamiliar with Trademarks.
Trademarks are a type of intellectual property, which is used to identify a source and standard of quality of products. Likewise, Service Marks are used to identify a source and standard of quality of services.
Trademarks and Service Marks can be words, names, symbols, designs, phrases or sounds or any combination thereof that identifies or distinguishes the goods or services of a manufacturer or merchant from the goods or services manufactured or sold by others.
Trademark/Service Mark rights can arise by either filing an application with the United States Patent and Trademark Office based on a good faith and honest intent to use the mark on a product or in association with a service that will soon be offered to the public, or by actually using the mark in commerce on a product or in association with a service.
The owner of a Trademark/Service Mark may file an application for registration of the mark based on the actual use of the mark in commerce or on the good faith and honest intent to use the mark in commerce. The registration of the mark with the United States Patent and Trademark Office gives the owner the benefit of a nationwide priority as of the date of filing, except as to certain prior uses or prior applicants. It also provides the owner with procedural advantages in a lawsuit for Trademark infringement.
Goldstein, Faucett & Prebeg is flexible in negotiating contingent fee and alternative billing arrangements for infringement litigation, with the range of rates depending on the nature of the case. The fee can also be based upon a mixed hourly/partial contingent fee arrangement.
