Trademarks consist of “a name, symbol, figure, letter, form, or device... to distinguish the same from those manufactured or sold by another.” The U.S. Supreme Court has also said that the law “helps assure a producer that it (and not an imitating competitor) will reap the ... rewards associated with a desirable product."
The first registered U.S. trademark was by the Averill Chemical Paint Company of New York, New York in 1870. Since then, the law has significantly evolved, and Lucas & Mercanti, LLP represents clients in all phases of trademark application, preparation and prosecution.
- Representation can also extend to post-registration filings, including declarations of use and renewals.
- This process often begins with our lawyers and paralegals conducting trademark and trade name availability searches.
- By comparing a mark with earlier ones of others, our lawyers can review and determine whether “a likelihood of confusion” and other legal factors exist. This analysis offers an essential step in foregoing unnecessary future disputes and possible trademark infringement litigation.
- Similarly, our personnel provide a careful monitoring of the trademarks of clients in identifying those who may be using confusingly similar marks. Our lawyers can then take the steps necessary – from issuing a cease and desist letter to preparing for litigation– to put an end to such practices.
- For those who require having another person or business use their mark in commerce, our lawyers can prepare trademark licensing agreements.
- Lucas & Mercanti, LLP also offers experienced representation in domain name registration and dispute resolution.