Trademark Law

Trademarks were born not of law, but of use. Archaeologists have uncovered items from ancient Roman and Greek civilizations having marks that are believed to identify the craftsman who created the item. As history progressed the use of marks increased with a greater range of craftsmen wanting to be recognized for the quality of work they produced. This use of marks gave rise to modern day trademark law.

At the Law Office of Michelle Vlach-Ing, we are able to guide you through the process of selecting and gaining the proper protection for your trademark. Every business invests time, effort and money into developing recognition of its mark by consumers, and a mistake in the trademark process could make all those actions for naught if you have to stop using the mark. Whether you are selecting a mark for your business, a new product, or want to stop another business from using the same or similar mark on its goods and services, we provide the services to develop and protect your right to use your selected mark.

Many businesses will select a name or mark for their business or products that they have never heard of use on the type of business or products, but just because you have not heard of the use before does not mean that it does not exist. At the Law Office of Michelle Vlach-Ing, we are able to search both state and federal trademark registrations to see if any other businesses are using the name or mark and advise you if you able to use the selected name or mark. Learning up front if you are able to use a name or mark could save your business thousands, possibly even millions, of dollars in the future when a trademark registrant discovers your use of their mark.

Our attorneys are able to work with you to obtain state, federal and international trademark registrations helping you to achieve your business goals. Trademark protection attaches with the use of a mark in commerce, but this protection only prevents others from using your mark in the geographic area that you are currently using it, which can be limited to a single city or less. By registering your trademark, you are able to prevent others who are not using the mark from beginning to use the mark and those whom are using the mark at time of registration from expanding their use of the mark to geographical areas in which they have not used it before. For any business that is hoping to grow in the future, the proper registration will ensure that it is able to expand with use of the same mark that it has spent the time, effort, and money to develop.

If your business has developed a mark and has either received a request from another business to stop using the mark or wants another business to stop using the mark, we are here to help in resolving the situation. Whether it requires communicating with the other business, opposing counsel, or litigating the issue, we are able to determine the most appropriate actions your business can take to achieve its goals regarding the trademark and minimize losses or maximize gains for the situation.

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