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If you are considering taking legal action to protect your trademark, our Michigan trademark litigation lawyer can assist you. If another party is using your trademark or a name, logo, or branding that resembles your trademark, we can help you take the necessary steps to stop their infringement and protect your brand. Our lawyers have a wealth of experience helping clients resolve disputes and cases of infringement involving trademarks, and we are prepared to use this knowledge to help you with your case. To discuss your case with our team, contact the Trademark Lawyer Law Firm today to schedule a consultation.
Our Michigan trademark litigation attorney knows how important your trademark is to your brand and business. When someone infringes upon this trademark, it is important to take action to protect your rights and interests as a trademark owner. In some cases, sending a cease and desist letter to the infringing party is enough to stop infringement, but in many cases further legal action must be taken. Our lawyer can help you file a lawsuit against the infringing party to end the infringement and potentially recover damages for the losses that you have suffered as a result of infringement.
Our team has experience assisting clients with a range of issues and disputes related to trademarks including trademark infringement, trade dress infringement, unfair competition, trade mark dilution, false advertising, Lanham Act violations, trademark licensing disputes, trademark counterfeiting, and more. We will help you craft a strong case that clearly displays the full extent of the infringement and how it has impacted you and your business in pursuit of an injunction ordering the infringing party to stop using your trademark as well as potential compensation for the losses that you have incurred.
In a claim of trademark infringement, there are certain key elements that must be proven in order to receive a favorable verdict. Our lawyers will prove that you are the owner of the trademark, that you have priority rights for that trademark, and that the defendant’s mark is likely to confuse potential clients or customers. We will provide evidence to support these claims and make your case in court on your behalf. To determine how our lawyers can assist you with your specific case, contact our firm today.
Litigation can often be a complicated process. Our dedicated MI trademark litigation lawyer has the experience and knowledge necessary to help you navigate all document filings, negotiations, court appearances, and every other facet involved in litigation. When seeking to protect something as important and valuable as a trademark, legal representation is crucial. Professional legal assistance not only increases your chances of winning your case but also allows you to focus on your other responsibilities while our team fights hard for you. Do not hesitate to seek assistance with your trademark-related issue. Contact our team at the Trademark Lawyer Law Firm today to schedule a consultation and take a crucial step towards protecting your trademark and your brand.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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