Expert Legal Assistance for Intellectual Property Planning and Protection

When establishing a business in the United States, intellectual property is crucial to your business planning. At our law firm in Charlotte, North Carolina, our experienced attorneys can help you develop a comprehensive strategy to secure and protect your intellectual property rights. Our team has years of experience practicing trademark, copyright, and patent law in North Carolina and throughout the United States.

One of the first steps in introducing a trademarked product into the U.S. market is to conduct a trademark clearance search. This will help determine whether the trademark is already in use and can help avoid disputes over trademark rights. It's important to remember that trademark rights are territorial, meaning that the rights you have in your home country may not automatically apply in the U.S. Our team can assist you with conducting a thorough trademark search, including a review of federal and state trademark registrations and additional information from computer databases.

Trademark Registration and Protection Services in Charlotte, North Carolina

At our law firm in Charlotte, North Carolina, our attorneys can help you register your trademark in the United States. There are three options for registering a trademark in the U.S. after it has been cleared for use:

Foreign Registration Basis or Section 44(e): This option requires the owner to have a good faith intention to use the trademark in the U.S. and requires a foreign registration of the same trademark for the same goods/services

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Intent to Use: This option is available to individuals/businesses with a good faith intention to use a trademark in the U.S. but has yet to sell products bearing the trademark in the U.S.

Actual Use: This option requires the applicant to use the trademark on goods sold in interstate commerce as part of a legitimate sales effort.

Once you have registered your trademark, it's important to police your rights to avoid abandonment and protect your trademark from infringement. Our team of experienced attorneys can help you monitor potential infringements of your trademark and send "cease" letters as necessary. In some cases, it may be required to sue for trademark infringement. If the violation is proven, you may recover damages, the infringer's profits, and in certain circumstances, triple damages and attorneys' fees.

To prevent counterfeiting, you may also consider recording your registered trademark with U.S. Customs and Border Protection, which can exclude counterfeit and unauthorized genuine (gray market) goods from importation into the U.S. However, the law may limit this protection if the owner of the U.S. trademark is a foreign company or a U.S. company owned or controlled by a foreign company that owns the trademark outside the U.S.

Trademark Filing with Our Legal Experts

Suppose you are filing a trademark in the United States. In that case, you should obtain the services of a licensed U.S. attorney, particularly if you are a foreign applicant or registrant. At our law firm in Charlotte, North Carolina, our team of experienced attorneys can help you navigate the trademark filing process and ensure that your application meets all requirements.

In August 2019, the United States Patent and Trademark Office (USPTO) implemented a new rule that a licensed U.S. attorney must represent all foreign trademark applicants and registrants. The exception to this rule is applications filed under the Madrid Protocol, which allows a trademark owner to file a single application to apply for protection in up to 122 countries.

As of February 15, 2020, the USPTO also requires all new trademark applications and post-registration filings to include a valid email address for the trademark applicant, in addition to the name, email address, and postal address of a licensed U.S. attorney.

At our legal practice in Charlotte, North Carolina, our attorneys have the experience and knowledge to guide you through the trademark filing process and ensure that your application is complete and meets all requirements. Our team is dedicated to helping our clients in Charlotte and the surrounding areas of North Carolina protect their intellectual property rights and succeed in their business endeavors. If you require assistance with trademark filing or any other legal matters, please don't hesitate to contact us by phone or email. Our attorneys are here to provide our clients with the best advice and representation.