Trademarks
  1. Home
  2.  ▶ Trademarks

Establishing And Protecting Your Trademarks Or Service Marks

A company’s name, logo and taglines are integral to its identity and competitive edge. When another party co-opts or develops similar marks, it can dilute or directly undermine your brand.

DeLio Peterson & Curcio LLC assists clients in registering trademarks and service marks to establish and enforce their intellectual property rights, both in the United States and internationally. Our firm brings 50 years of practice in IP law and litigation to the table.

Trade And Service Marks As Intellectual Property

Trademarks are distinctive text, designs, expressions or sounds that identify the source of origin of goods or products. Service marks are comparable identifiers for providers of services. The right to claim and register a trademark or service mark depends on a “likelihood of confusion” with a preexisting mark. Considerations include similarity of the marks, the strength of the mark, the similarity of the goods or services, and whether it dilutes the distinctive qualities of a famous trademark, service mark or business name.

Formal Registration Of Trademarks

We commission a trademark search report conducted by our outside database partner to identify the most pertinent marks (registered or common law) that are substantially similar to yours. Our trademark attorney then applies the relevant law to issue a legal opinion on whether your mark is clear for use.

DeLio Peterson & Curcio LLC shepherds your application through the U.S. Patent and Trademark Office for registering (or renewing) a trademark or service mark. Applications are scrutinized by a trademark examining attorney for compliance. If the USPTO finds likelihood of confusion or other fault, our attorneys work with you to amend the application or challenge the basis for the objection or rejection. Upon publication (review period), entities who believe they will be damaged by your registration of the mark may file an opposition or cancellation action. Once any challenges are resolved, the mark is added to the Principal Register, establishing prima facie rights in the trademark or service mark which can be enforced.

Trademark Litigation And Enforcement

Our accomplished trial lawyers provide representation in trademark and service mark litigation: pursuing trademark infringement actions against competitors, responding to trademark oppositions or cancellations, and asserting or defending unfair competition claims involving deceptive use of trade or service marks.

Foreign Trademark Filing

DeLio Peterson & Curcio LLC works closely with foreign associates in over 100 countries throughout the world to secure trademark rights outside the United States for its clients with international IP portfolios. Corresponding trade and service mark applications may be filed in foreign countries or in the European Union at any time. Such applications should be filed within six (6) months of the United States application in order to obtain the benefit of the filing date in the U.S. Patent and Trademark Office.

The European Union Intellectual Property Office allows one to file and have examined a single EUTM application covering twenty-seven (27) European countries.

It is also possible to file an International Trademark application under the Madrid Protocol, which can extend coverage to anyone of over eighty countries.

Some foreign countries recognize common law rights of unregistered trademark users, but in most instances, registration is required to obtain rights in the trademark or service mark.

Schedule A Consultation With An IP Lawyer

We understand that asserting and protecting your brand is critical to your ongoing success. The intellectual property attorneys of DeLio Peterson & Curcio LLC can help you establish and defend your trademarks and service marks both domestically and abroad. Call 203-587-7266 to schedule an appointment or contact us online.