Trademark Law

You automatically have limited trademark rights in your branding when you begin using it in commerce (assuming that no one else is using a similar mark). However, such rights are limited to your geographic area and do not provide nationwide protection. If you wish to obtain protection that will allow you to stop anyone in the United States from using your mark, you must obtain a federal trademark with the USPTO. Getting a federal trademark registration for your brand is essential if you want to grow your business. Business owners who want to expand, create a franchise, or license the use of their brand are usually required to have a federal trademark registration. If you don’t have a federal registration, you may be disqualified from growth opportunities like these. As an added benefit, obtaining a federal trademark allows you to use “TM” next to your mark, so that consumers and other business owners are aware that your mark is protected. This also adds credibility to your brand and tells the public that you’re the real deal.

Part of all of our trademark services include a trademark search by one of our trademark attorneys. We have searched, applied for, and acquired hundreds of trademarks and are very familiar with the issues that can arise. We use a proprietary search service, called TMTKO, that helps us search both the USPTO trademark database, called TESS, and also uses in other databases like state business databases and other places demonstrating potential common law use. Sometimes, our search discovers that there is a prior user that may prevent the registration of a trademark, or, in some cases, may create potential liability for our client. In those cases, our trademark attorneys help our clients with rebranding.

An experienced trademark attorney like can assess whether the best method of protection for you is registering a federal trademark. Our law firm has experience registering both wordmarks and design marks with the United States Patent and Trademark Office. We also have lawyers experienced with trade dress protection for product colors, product packaging, and product design. Our trademark lawyers will assess whether seeking trademark protection with the United States Patent and Trademark Office is worthwhile, as compared to some other form of protection, like common law trademark protection or state trademark registration.

If you believe someone is infringing on your trademark or confusing members of the public, please call Darkhorse Attorneys today at 800-279-4292 and set up your initial consult.

Our boutique intellectual property law firm specializes in trademark infringement cases. We have represented both plaintiffs and defendants in federal courts across the country. Our federal trademark litigation practice includes representing clients in federal courts in Virginia, the District of Virginia, North Carolina, Georgia, and Texas. We have also resolved intellectual property disputes, short of litigation, in these states and others. For further details, please review our Intellectual Property Litigation page.