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Our Practice Areas: Trademarks

The Augustyn Law Office helps with all aspects of trademark law. From performing federal trademark searches to registering your trademark to sending trademark cease and desist letters for enforcement to helping you renew your trademark, the Augustyn Law Office provides thoughtful solutions by a trademark lawyer.

Please contact us for your Free Initial Consultation with a trademark attorney. We represent trademark clients throughout the United States. Below we explain about trademarks, you may also be interested in learning more about Copyrights which protect "original works of authorship."

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" refer to both trademarks and service marks.

A common law trademark can be obtained by merely using a term as a trademark, and identifying it as a trademark by the TM symbol. You can place a TM by your mark and have common law trademark protection - as you may imagine, with no application process, this provides little protection. You must use the mark in commerce and it is best to keep records of use.

Most states, including Nebraska, allow for state trademark registration. State protections vary, but generally provide more protection than common law trademarks though those protections are limited to within the state of registration.

A federal trademark is what people call a registered trademark, it can be identified by or the "circle R" symbol. A federal trademark registration protects goods and services used in interstate commerce - nearly all goods and services qualify.

There are significant benefits of registering a federal trademark:

  • You give constructive notice to the public that you claim ownership of the mark.
  • You bar others from claiming they did not have notice of your ownership.
  • You are allowed to bring claims in federal courts to protect your mark.
  • You may be able to receive statutory damages for infringement which can be much more than actual damages.
  • Registration in foreign countries becomes much easier.
  • You are allowed to file your registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

We recommend performing a trademark search before filing a trademark application. Click on this link to read more about how our firm performs federal trademark searches. We prepare and file trademark applications. Click on this link to read more about how our firm files federal trademark applications.

Please contact us for your Initial Consultation with a trademark lawyer.

We represent trademark clients throughout the United States

The Augustyn Law Office is a Lincoln, Nebraska, law firm dedicated to meeting your needs.

 


Augustyn Law Office, P.C. LLO
7121 A St Ste 103
Lincoln, NE 68510 (see map)

Phone: (402) 464-4326
Email: Contact Us

Please note: No attorney/client relationship is formed until we have a signed retainer agreement. This website only explicitly complies with the Lawyer Advertising Regulations in Nebraska.

 

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