Skilled Attorneys Protecting Trademarks And Intellectual Property In Georgia

A business's or company's trademark does more than just build brand identity; it builds trust that can lead to lifelong customers as well as a steady influx of new customers. Unfortunately, if businesses don't take the right steps to protect their trademarks through legal channels, other businesses can capitalize on this hard work, which can cut into a company's profits and continued success.

At Jones & Walden, LLC, we ensure that our business clients don't suffer the consequences of a poorly acquired or managed trademark portfolio. From the formation of a company to its eventual dissolution, we help business owners in Atlanta and surrounding areas make smart decisions regarding their intellectual property holdings to ensure that their most valuable asset is protected from theft, infringement or other legal issues.

Understanding Trademarks

Trademarks are primarily used to identify the source of a good or service. Thus, the idea is that a consumer will always know who produced certain goods based on a unique trademark. Trademark protection, therefore, prevents someone else from making goods and distributing, selling or advertising them using a brand or mark that could be mistaken for your own.

Trademarks can be a:

  • Word
  • Package design
  • Logo
  • Brand name
  • Any other indicator of the source of the goods and services

For example, "Apple," as a brand of computers, is a trademark, and the characteristic image of an apple with a bite taken out of it is a logo and also a trademark.

If someone lacking authority uses the trademark or a confusingly similar logo for the same or closely similar goods in the same geographic area, he or she has committed trademark infringement.

Understanding Trademark Protection

While trademark protection is acquired by use, trademark protection is best achieved by registration with the U.S. Patent and Trademark Office and through the state in which you are using the trademark or intend to use it.

While the use of TM (trademark) or SM (servicemark) is an indication that the mark has not been registered, but that the user claims exclusive rights to it, it is still considered best practice to federally register the mark and obtain authority to use the ® symbol, which is notice to the world that the mark has been registered with the U.S. Patent and Trademark Office.

If you wish to register a trademark, you should consult an experienced lawyer at Jones & Walden, LLC, to obtain and interpret a trademark search and prosecute the trademark application for you.

Trademark Infringement And Litigation

If a trademark is infringed, you can file a lawsuit to:

  1. Obtain an injunction, which is a court order requiring the infringing party to stop using your trademark
  2. Obtain damages and possibly profits from the infringing use
  3. Seek to recover reasonable attorney's fees under the federal Lanham (Trademark) Act

Some of these remedies require prior registration of the mark with the U.S. Patent and Trademark Office, use of the ® symbol, and compliance with certain registration and notice requirements. While it is important to incorporate and register a business name with the secretary of state or corporations division in the state where you conduct business, doing so is not a substitute for registering your trademark. Moreover, registration of your trademark is an important step in the business formation process.

Protection Of Your Rights And Best Interests

Whether you're a well-established company in the heart of Atlanta, a startup company operating in the surrounding metro area or a business entity elsewhere in Georgia, the attorneys at Jones & Walden, LLC, can assist you in your trademark registration, licensing, assignment and trademark litigation needs. We're known for combining the best of a large and small law firm by providing high-quality, sophisticated services on a one-on-one basis.

If you're interested in learning more about how we can help you set up and enforce your company's trademark, we encourage you to contact our office in Atlanta to speak with an experienced intellectual property attorney at our firm. Call 678-701-9235 or contact us online to schedule a consultation.