Trademark

Trademarks can be names, logos, words, or phrases that are used to identify a brand or product, distinguishing it from other brands. The McAllen trademark attorneys at Guerra & Moore can help you register your trademark and protect you against trademark infringement.

Your trademark must be registered to be protected against infringement. Once registered, you maintain exclusive legal rights to use the mark. An unregistered trademark may be protected throughout the state, but will have no protection outside of Texas.

Registering Your Trademark

Registering a trademark requires several steps:

1. An application to register your trademark must be sent to the U.S. Patent and Trademark Office. Once there, it is placed in line for review in the order it was received.
2. After a waiting period, your trademark will be reviewed by an attorney at the Trademark Office. This attorney will ensure your mark is unique, clearly describes your product, and is in compliance with all government regulations.
3. Once the mark is approved by an attorney, it will be posted for a 30-day period. This period is intended to allow third parties who may be harmed by the trademark to step forward and file an opposition against it.
4. If opposition is filed, you will have a trial to defend your mark. If it is determined your mark is not harmful during this trial, or if no opposition is filed, you will receive full rights to your trademark.

This process can be long and confusing. We can assist you in the application process, helping ensure against rejection from the attorneys at the U.S. Patent Office. We can also assist you if your trademark is opposed by a third party.

The most likely opposition comes from people or companies that have been using the disputed mark before you attempt to register it. Unregistered trademarks are not protected based on how long they’ve been in use by different companies, but rather by the company that submits an application for registration first.

Protecting and Defending Your Trademark

Once registered, your trademark is protected nationally under the Lanham Act. The Lanham Act prohibits anyone who is not the owner of a trademark from using it for economic gain. It protects you against false advertising, anyone else using your trademark, and anyone using a trademark similar enough to yours that yours may lose impact or become diluted in the marketplace.

At Guerra & Moore, we work to protect people and businesses who have suffered from trademark violations.

If you live in the Rio Grande Valley and would like more information about registering or protecting your trademark, please contact the McAllen, Texas trademark attorneys at Guerra Moore Attorneys at Law to schedule a free initial consultation today.