A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. Trademarks are important because they give companies the ability to differentiate themselves and their products from those of their competitors. They also allow companies to build their business by investing their resources in brands that may eventually have broad commercial appeal. For example, there are many different beverages out there, but there’s only one Coca-Cola®. There are many types of overnight delivery services, but there’s only one Federal Express®. These companies safeguard their trademarks vigorously to ensure that there’s no violation of the commercial image these marks represent. Litigation involving trademark infringement, dilution, and unfair competition is common and indicates of how fiercely companies protect their brands.
The primary purpose of the trademark laws is to prevent unfair competition by applying a test of consumer confusion and providing rights and remedies to the owner of the trademark.
The test for consumer confusion is to assure that the consumer can be confident that when buying a product or service bearing a particular trademark the product or service expected is actually delivered. In other words, the consumer relies on a standard of quality established by the association of the trademark in the marketplace with the owners product or service.
Registering your company’s trademarks or service marks at both the federal and state level is an essential part of that process. We can help you in all aspects of managing your company’s trademark practice. We can assist your company:
• Determine if a mark qualifies for protection;
• Secure a registration;
• Formulate trademark usage guidelines;
• Pursue an infringer; and
• Defend your company from allegations of infringement.
Our Guangzhou trademark lawyer recognizes the value of a business' presence in their industry, as goodwill and brand awareness are critical to commercial success in all industries. Our China trademark attorney routinely handle trademark issues that are fundamental to our clients' success. A complete range of trademark services are offered, including;
- Trademark clearance searches
- Trademark application and prosecution
- Trademark infringement opinions
- Trademark infringement and dilution evaluations
- Trademark infringement litigation
- Trademark opposition
- Trademark licensing
- Trademark due diligence reports
- Purchase and sale of trademarks
- Acquire and perfect security interests in trademarks
- Trademark portfolio management
Our Guangzhou trademark lawyer works with clients to develop cost-effective trademark filing strategies and maintain their portfolios. Our attorneys also have significant experience with nontraditional trademarks. For example, we counsel clients on developing, protecting, and enforcing color trademarks, sound trademarks, and trade dress rights in product configurations and product packaging. Our China trademark attorney also helps clients implement trademark enforcement strategies, and we have considerable experience litigating trademark disputes for both trademark owners and defendants.
In addition to strategic portfolio management and counseling, we have substantial experience handling trademark administrative proceedings before the China Patent and Trademark Office’s Trademark Trial and Appeal Board. We help clients create strategies for both sending and responding to cease-and-desist letters and other third-party issues. We pride ourselves on our ability to come up with creative solutions to resolve disputes, including negotiating, and drafting trademark-related agreements, including license agreements, coexistence agreements, and co-branding agreements.
If the owner of a trademark has spent time and money in presenting a service or product to the consumer, the owner should be able to protect this investment by being allowed to prevent others from using the trademark and profiting from the owners investment. The value of the trademark is determined by the strength, or goodwill, of the association between the trademark and its source, and it is the consumer who determines this value.