TRADEMARKS, COPYRIGHTS AND TRADE SECRETS
Protect Your Work and Your Name
Experienced Trademark Law Attorneys in Madison, Wisconsin
A trademark or service mark is a distinctive name, phrase, logo or word that identifies and distinguishes products and services from those of competitors.Trademarks apply to goods, while service marks apply to services, but here we will refer to both as "trademarks". As certain trademarks gain more exposure and are around for a long enough period of time, consumers may begin to identify them as being indicative of quality products and services and may use these trademarks to make decisions about where to take their business.
While registering a trademark can afford specific and significant protections in the event of infringement, it is not always necessary to register a trademark. Even unregistered trademarks can be protectable against infringement.
At the law firm of Haley Palmersheim, S.C., our business lawyers help our clients register trademarks and protect their registered, or unregistered, trademarks. Trademark and service mark laws prevent competitors from using the logos, names and phrases of another company to draw business to their own products. Our firm represents companies and individuals in trademark infringement litigation, when disputes over the use of a trademark cannot be resolved through settlement.
If you are interested in registering a trademark or if you believe that your existing trademark has been infringed by another company, contact us at Haley Palmersheim, S.C. in Madison, Wisconsin.
Trademark Infringement and Litigation
In most matters of trademark infringement, the key question is whether the trademarks are the same or similar enough that a likelihood of confusion exists between the marks. There are many factors that are considered when determining if a likelihood of confusion exists and if trademark infringement has occurred. These generally include:
- Similarity of the trademarks or service marks
- Similarity of the products or services being provided by the companies
- Similarity of the trade channels used by the companies
- Number and nature of similar marks used on similar goods
- Extent of any actual confusion by consumers or others
Remember, you do not necessarily have to have a registered trademark to have legally protected trademark rights. Any name, phrase or logo can obtain trademark status by using the mark in business, even if you take no steps to register it. There are, however, benefits to having a registered trademark, and our firm recommends this registration when practical. Our lawyers can help you register your trademark and protect it in the event of infringement.
Contact Haley Palmersheim, S.C.
Contact us at our Madison, Wisconsin, office by calling (608) 836-6400. Speak with an experienced attorney about your business law or litigation issue.