Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Trademark Clearances
Trademark Clearances Lawyer NYC - Perdomo Law
Trademark Clearance Law Firm, Perdomo Law in Manhattan New York, NY
Trademarks define a company, a brand, or a product. To qualify as a trademark, the graphic chosen must include a logo, picture, or a name unique to its organization. A trademark helps a business to establish a recognizable image with the public. Customers can easily recognize advertising and packaging when it includes the trademark of a preferred business. Most companies with trademarks will use them in all marketing mediums and place them on any product packaging or the product itself.
Using a trademark helps customers because they can give their business to companies they trust and do it easier when they know the branding. Companies use trademarks for advertising, but they also protect them from the shoddy business tactics used by other companies. An organization that copies a trademark from another brand to fool unsuspecting customers could face fines and the loss of business licenses.
Intellectual Property Francelina M. Perdomo Klukosky Lawyer Quoted in Forbes.com
What are Trademark Clearances?
Companies or individuals that choose a trademark do not automatically have ownership after its creation. Even if clients already recognize the image as that of a specific company, the law does not automatically prevent other companies from using something similar. Registering a trademark is the only way to have legal ownership so other businesses cannot mimic the branding to lure customers from the original company. The Lanham Act of 1946 established the trademark policy of the United States to enable consumers to distinguish what business created what product.
No one can register a trademark until the business that wants to use the image or name has done their research. The United States Patent Office will refuse any attempts to register a trademark already in use and listed in their system. Trademark clearances lawyers can perform comprehensive searches to guarantee the availability of the graphic or name their client wants.
Clearance research can look at businesses within the United States or globally. The method will depend on where the organization hoping to register the trademark plans to operate. A company using a similar mark that provides a different service or product in another country will not prevent a business from registering its trademark. Despite this, a business may still want to adapt their trademark if they discover something similar anywhere in the world. A unique design will avoid confusion and delays if the company eventually decides to expand to a worldwide audience.
What Trademark Clearances Accomplish
Trademark clearances are paperwork searches that avoid the time, effort, and expense of printing marketing materials that promote a company with an unavailable trademark. A trademark clearance law firm will have an established search method to review online, print, and other media forms to look for similar trademark designs. The firm will contact its client if the desired graphics, words, or names are already in use. The lawyer may suggest ways to adapt the trademark so it is valid for registration, or they may suggest a complete change if needed.
The trademark clearances lawyer handling the clearance search can also file a registration application for their client with the U.S. Patent Office. The application process is not complex, but mistakes can cause frustrating delays. Applicants who complete the forms inaccurately or fail to submit all requested information will need to refile their application. Delays could halt businesses from starting an advertising campaign or even launching their business until they have legal protection for their trademarks.
How Trademark Clearances Protect Businesses
Trademark clearance attorneys do more to help their clients than provide trademark clearances and submit patent applications. Trademark registrations can reduce the amount of litigation needed if someone attempts to counterfeit an establish trademark. It allows businesses to easily have negative reviews or complaints about them removed from public view when the complaint should have targeted another company.
People that use an unregistered trademark that confuses them in the minds of consumers with another company could get sued or face penalties. The penalties could occur even if the actions were unintentional. Businesses may lose money if they need to replace uniforms, business signs, and all other advertising because they lost the right to use their desired trademark. Changing all marketing materials, for this reason, could also cost a company their clients, as it may seem deceptive or unprofessional.
Why You Need Legal Assistance
Business owners that wish to perform a trademark clearance without qualified legal help may not realize how complex it is to complete a comprehensive search. In 2019 alone, the United States recognized 893,760 trademarks. The number does not include pending registration. Pending applications also need consideration when performing a clearance search because the owners of these trademarks will usually receive approval before someone who begins the process later.
Another concern is that states and some cities also register trademarks for businesses in their area. The federal government does not list local registrations but can still prevent another business from using the trademark in the local area where the company received protection. Companies that hope to expand could discover their business will need a name change before starting service in some locations.
Contact Trademark Clearance Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
Any company that wants protection from the United States Patent Office (USPO) needs to hire a Trademark Clearances Attorney licensed in the United States. The attorney should understand the trademark application and patent laws. Only a lawyer licensed in the United States can represent their client before the USPO if any conflict arises. Perdomo Law has experience dealing with the patent process and representing clients in front of the Trademark Trial and Appeal Board.
Please contact us for a case assessment.
Additional References
Perdomo Law
1270 Avenue of the Americas
Suite 2005
New York NY 10020
Phone: (212) 980-7206
Suite 2005
New York NY 10020
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