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TRADEMARK LAW
The United States Patent Office defines Trademarks as "a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks."
Federal trademark registration has several benefits. It provides constructive notice nationwide of the trademark owner's claim and evidence of ownership of the trademark. Additionally, jurisdiction of federal courts may be invoked and registration can be used as a basis for obtaining registration in foreign countries. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
Texas statutes are a bit more specific stating that a mark must be in use, that is, placed on the goods, containers or labels or displays of the goods. It must also be on goods that are sold, displayed for sale, or otherwise publicly distributed in this state.
Many clients frequently find themselves in disputes with other companies or individuals over marks which they have been using for years but without the proper federal and state protections allowed by law. All too often clients build significant value into their trademarks without a sufficient understanding of their rights and obligations for registration and protection of that valuable asset. The Spencer Law Firm stands ready to bring its decades of experience in such matters to assist our clients in filing for registration and also in protecting trademarks and, if necessary, to defend or prosecute as necessary to serve our client’s needs.
Please call Bonnie E. Spencer, The Spencer Law Firm at (713) 961-7770 to discuss how we can help you succeed in your current and future business endeavors.