Our law firm provides both Federal and Michigan trademark filing services. Learn more about each below.
A trademark consists of words, phrases, symbols, design, or a combination of these things that identifies your goods or services. Trademarks can refer to both trademarks (products) and services marks (services). It’s generally how the public recognizes the goods/services in the marketplace and distinguishes the good/services from the competitors. Federal trademarks can be filed if the goods and/or services are provided in interstate commerce (more than one state). A trademark: identifies the source of your goods/services; provides legal protection for the brand; and helps guard against counterfeiting and fraud. A trademark need not be registered. However, a registered trademark, such as a federal registered trademark, provides broader rights and protections than an unregistered one. A federally registered trademark allows you to use the ® with the trademark which places everyone on notice that your trademark is registered. If you do not have a registered trademark, someone else may register a similar trademark and you could lose valuable federal trademark protections. Rights with not having a federally registered trademark are limited, such as limiting you only to protections of the trademark to the geographical location where the trademark was used. Federally registered trademarks offer many benefits, including: limiting others from using your trademark in the same industry as yours; distinguishes your brand name and helps the public identify you; provides notice to the public of ownership of the trademark; provides a legal presumption of ownership nationwide; appears in a published database of the federal government; can be used as a basis for filing protection in foreign countries; allows you to bring lawsuit in federal court where you have many statutory protections.
If the good/services are not offered across state lines, a federal trademark cannot be filed. However, you can register a trademark with the state where the goods/services are offered. Registering a trademark in a state creates rights in that state only and protects you from competitors using the trademark in the same industry in the particular state. Once goods/services are offered across state lines, a federal trademark can be filed. The firm provides state trademark filings in Michigan.
What Are The Advantages of Using an Attorney to File Your Federal or State Trademark?
There are many advantages of having an attorney file your federal or state trademark. An attorney:
- Can provide crucial advice about the trademark and trademark law in general.
- Conducts trademark clearance searches before filing application to avoid application denials.
- Prepares the application accurately. The federal trademark application is cumbersome and difficult to understand.
- Responds to legal correspondence with the federal government after the application has been filed.
- Assists in enforcing and maintaining your trademark rights.
- Shields you from fraudulent solicitations.
- May represent you at federal trademark trials and/or appeal boards.
File Your Trademark Application
Take the next step by contacting trademark attorney Seth T. Seidell to schedule a confidential consultation for your trademark application. Seth can be reached through the firm website, or, by calling (248) 798-5931