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A trademark (or service mark) is a word, name, symbol, design, or slogan that functions to distinguish the products (or services) of one company from those of another. A trademark is closely linked to a particular business and/or to a kind of product that it produces. Trademarks benefit a business and the consumer because a trademark does not exist alone in the abstract apart from its association with the business and the service or product it represents, such as the following trademarks:
The main objective of trademark law is to ensure that consumers are able to rely on marks in exercising their preferences by prohibiting competitors from using marks in a way that confuses consumers about the source of a product or service or disparages the trademark. Examples of such conduct include “palming off” (falsely marketing a product as being the actual trademarked product, such as selling knock-off Coach bags), “reverse palming off” (attempting to build a merchant’s reputation by falsely marking another’s product as being your own), illegal importations or sales of a trademarked product or trademark dilution. Trademark dilution concerns acts that tend to tarnish or blue the value of the trademark. Example of trademark dilution would be Buick aspirin and Dupont shoes. Our team of New York Trademark Attorneys will go over this with you as you look to maximize your intellectual property rights for your business.
Unlike other intellectual property areas, trademarks are enforceable in State and Federal court. Furthermore, a trademark may persist indefinitely, provided that the owner of the trademark keeps up with the trademark’s maintenance filings and fees. Our team of New York Trademark attorneys will advise you of your rights and obligations during the filing and post-acceptance phases.
A trademark may be enforceable provided that the mark continues to serve to distinguish the origin or manufacturer of goods or services. However, if public usage, despite the efforts of the trademark owner, causes the mark to become associated with the product but not the manufacturer or origin, then the trademark will become unenforceable.
The New York Trademark Attorneys at the Law Office of Dimitrios Kourouklis, Ph.D can meet with you to discuss your trademark logos and to develop a cost effective strategy for protecting your logo and business. Call and speak with a New York Trademark Attorney at 929-400-7608 or contact us via email to learn more about your rights so that we can obtain the best outcome for you.
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