Court Icon  Confidential Evaluation

Dallas Trademark Attorney

A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of the goods of one business from those of others. Trademark protection allows a business to establish its brand so that it is not confused with a competitor. Trademark rights arise for an individual or business’ use of a mark in connection with the selling of its goods and services. And the trademark rights continue to exist for as long as the business continues to use the mark. This type of trademark right is called a common law trademark right. Common law trademark rights exist only within the geographical area that the business sells its goods and services associated with the mark.

At the Peacock Law Firm PLLC, the attorney believes trademark protection is essential. The attorney strive to help entrepreneurs register and protect their trademarks so that their business can continue growing and attracting loyal customers. Contact the firm’s office today via phone at (214) 617-1000 or email for a consultation about your intellectual property protection options.

Understanding Trademark Law

With the enactment of the Lanham Act of 1946, the United States government officially began to protect trademarks and service marks. Contrary to popular belief, not all trademarks are registered. Any mark can receive protection as long as the business is the first to use the trademark in commerce and the mark is eligible for protection. However, officially registering a trademark with the United States Patent and Trademark Office (USPTO) provides numerous benefits including:

  • Nationwide rights in the trademark, subject to limitations
  • Nationwide constructive notice of ownership of the trademark
  • Enhanced damages in litigation when pursuing trademark infringers
  • Incontestable rights status after 5 years of ownership of the trademark

Additionally, registration of a trademark provides the registrant additional remedies against counterfeiters. Counterfeiting costs U.S. businesses billions of dollars in lost revenues. It also causes confusion among the public and leads to inferior products in the marketplace. A registration of a trademark permits the registrant of the mark to more aggressively pursue counterfeiters. Not only can the registrant recoup its actual damages caused by the counterfeiter, but the registrant can obtain statutory damages, which is an amount awarded by the court in its discretion.

Two different types of trademark applications can be filed in the United States Patent & Trademark Office: 1) a used based application and 2) an intent-to-use application. Both applications are reviewed by an Examiner on the merits, however with the intent-to-use application, the applicant does not have to be using the mark when the application is filed. This gives the applicant time to begin implementing the mark’s use in its business while the mark is examined by an Examiner. If the Examiner approves the intent-to-use application, then the applicant, within a set amount of time, must inform the United States Patent & Trademark Office that it has begun using the mark in commerce. Once that happens, a certificate of registration should issue.

The attorney at the Peacock Law Firm PLLC assists clients in all aspects of trademark law. This includes:

  • Conducting a clearance search
  • Preparing a trademark infringement and validity opinion
  • Drafting and filing a trademark application
  • Responding to an Office Action
  • Drafting and filing a trademark application appeal in the Trademark Trial & Appeal Board (TTAB)
  • Drafting and filing a trademark application appeal in the Federal Circuit

The attorney has successfully procured trademark and service mark registrations for clients in a wide array of industries, from apparel retailers to escalator maintenance consultants to dermatologists. After the filing of a trademark application, he advocates for you before the United States Patent & Trademark Office. He has been successful in obtaining reversals of examiner’s rejections. He can assist you in an appeal before the Trademark Trial & Appeal Board. He will work hard for you to see that you obtain a trademark. Contact the firm for more information at (214) 617-1000 or send an email.

Also, the attorney at Peacock Law Firm PLLC can represent you in a:

  • Opposition proceeding
  • Cancellation proceeding

Opposition proceeding and cancellation proceeding are held before a three-judge panel at the Trademark Trial & Appeal Board (TTAB). These proceedings are initiated by a third-party to either prevent a registration from issuing or, if the registration has already issued, to cancel it. These proceedings have unique rules and proceedings that apply which differ from proceedings held in federal or state court. The attorney at Peacock Law Firm PLLC is well-versed in such rules and proceedings and would be delighted to represent you.

Contact a DFW Trademark Lawyer

If you are looking to protect your intellectual property rights, it is imperative to consult a legal professional to ensure your trademark receives maximum protection. At the Peacock Law Firm PLLC, the attorney understands the value of a strong brand. He will work with you to legally register your trademark or service mark so that you can begin building your own unique brand. For a free consultation about your intellectual property rights, call the firm’s office today at (214) 617-1000 or send an email to speak with the attorney.