Trademark

"Your brand is the single most important investment you can make in your business."

Steve Forbes

No business exists without a brand. And protecting your brand with trademark registration should be a priority for you and a line-item in your budget. If you are starting a business without budgeting for trademark protection, you are under-capitalized. If you are running an existing business without budgeting for trademark protection, you are exposing yourself to unnecessary liability.

Why should I budget for Trademark registration?

Your branding is your identity. A registered trademark provides:

» The Legal Presumption of Ownership Nationwide

Without registration you may still have some common law trademark protection, but it may be limited to the geographic area in which you operate and may be difficult to prove if disputed. Registration fixes those issues.

» Protection Against Others Infringing on Your Mark

Without registration, potential infringers may not know your trademark exists. Even the USPTO's Examining Attorneys may not know. This could lead to an infringer using or -- worse -- registering a similar trademark, which means you may lose the right to use your trademark outside of a very limited geographic area. Registration not only puts others on notice that you own a particular trademark, but an Examining Attorney will see your registration and may use that to refuse a potential-infringer's application.

» The Right to Bring a Federal Lawsuit Against Infringers

Without registration, bringing a lawsuit for infringement will most likely land you in a state court unless you can satisfy some strict requirements. Registration gives you a fast-pass to Federal Court. It also allows you to record your registration with U.S. Customs to prevent the import of infringing goods.

What Trademark services does James Legal offer?

James Legal offers a full suite of Trademark registration and protection services.

» Trademark Clearance

Unsure if your old branding may be exposing you to a potential infringement lawsuit? Or do you want to do some homework before committing to new branding? James Legal can search for potential conflicting marks and provide a legal analysis to help you make a decision.

» Trademark Prosecution

Once you are ready to apply for registration of your Trademark, James Legal can handle the entire process. 

» Registration Maintenance

Registering is not the end of your trademark journey. Trademark protection is some of the most exclusive Intellectual Property protection available and, as such, it isn't just granted in perpetuity. To maintain your registration, you will be required to file specific forms during the lifetime of your Trademark. James Legal will keep you on track.

» Dispute Resolution

Whether you find someone infringing on your trademark, or someone alleges that you are the infringer, James Legal has your back. From Cease & Desist letters to litigation before the Trademark Trial and Appeal Board (TTAB).

» Brand Development Consulting

Maybe you're in the business of designing brands for others and you need some legal input to ensure that your deliverables don't get your clients in trouble. James Legal will work with your creative team and your clients to mitigate risk and maximize the protectability of the brand assets.