Trademarks

A trademark protects a word, phrase, or symbol used to designate a product or service on the market. Trademark rights are protected through registration, maintenance, watching, and enforcement, all of which are performed by Mehlman TerBeek LLP.

• Registration: Trademarks are registered with the U.S. Patent and Trademark Office or similar agencies throughout the world.
• Maintenance: Trademarks must be maintained through proper use and due diligence. The key to trademark maintenance lies in the source identification function of marks: if a mark no longer identifies the source or origin of products and services, it is no longer a trademark and becomes a generic term.
• Watching: A watching service monitors trademark registrations for attempts to register conflicting trademarks and notifies counsel so that timely oppositions may be filed. These services are particularly useful in civil law countries where trademark rights are secured through registration rather than use.
• Enforcement: Trademark enforcement consists of pursuing unauthorized users of a trademark and preventing improper use of that mark.

To discuss trademark registration, maintenance, watching services, or legal enforcement of your trademark, contact our office at 925-935-3575.