Trademark Registration & Evaluation Services

New York Trademark Registration & Evaluation Service

The Law Office of Rubin Ferziger offers legal advice and trademark evaluation and registrations services for New York businesses and individuals. For those who are considering registering a trademark, it is defined as:

"['trad-'märk]: a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law."

The U.S. Patent and Trademark Office registers trademarks and service marks that are used in commerce. A trademark or service mark need not be registered for an owner to enforce his or her rights in court. The common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used. Federal registration of a trademark gives rise to a federal cause of action for infringement in addition to the common-law claim.

In practical terms, a trademark is a name, such as "Coca Cola ®," or a symbol such as the Apple icon. ® To be a valid trademark, a mark must be distinctive. To be a valid trademark at common law and for federal registration, a mark must be distinctive; a descriptive mark may become distinctive by acquiring secondary meaning. An example of this is "Kleenex" used in place of "tissue," or people using the term "Xerox" as a verb, or using it instead of the word "copier."

In his role as a New York trademark and registration evaluation attorney, Rubin Ferziger can take a business or individual every step of the way to conduct a trademark search, register a trademark, litigate for trademark infringements, or seize counterfeit goods to protect a trademark. This Trademark Registration Evaluation Service provided by the Law Office of Rubin Ferziger, is a very specific area of law. For those who are purchasing a business and its associated trademark, Rubin Ferziger will research the trademark to see any legal problems exist in connection with the trademark. Prior to registration, the trademark must be examined carefully to see if there is a likelihood of confusion, or an overlap with an existing trademark.

When you can’t beat your opponents with money, you have to beat them with strategy. Trademark lawsuits can turn into the nastiest of legal battles. Corporate giants have the financial muscle to hire major law firms, and initiate long, costly legal warfare. When you’re fighting a larger, stronger opponent and the stakes are high, you need an experienced business attorney to formulate a winning game plan you can afford. In one trademark case Rubin handled, a family business called Paco Sport sold clothing to urban youth here in the United States. Suddenly Paco Rabanne, a foreign based perfumer, decided to enter the U.S. market and sell clothes also. They retained a major law firm, commenced litigation against Paco Sport, and claimed that use of the names “Paco” and “Paco Sport” constituted trademark infringement. Rubin’s client Paco Sport was now threatened with the loss of their hard won success. Rubin responded swiftly with a devastatingly effective and creative legal strategy: he filed suit with the U.S. District Court in California to permit Paco Sport to continue selling clothes with the “Paco” and “Paco Sport” names. By doing so his client was protected by their insurance for these kinds of lawsuits, thereby easing the financial strain of litigation. The end result: Rubin’ s client Paco Sport ultimately won, and is still a thriving family business today.

Additionally, for trademarks with similar names, the "use" to which the mark is put, is a key factor. For example, a "Kodak photo frame" by an entity other than Kodak would not be allowed, but "Kodak locomotives" would probably be allowed because the use on "locomotives" is not associated with or similar of Kodak's existing products or services.

In matters related to trademark registration, trademark infringement, or other related issues of intellectual property, Rubin Ferziger provides a full range of Trademark Registration Evaluation Services for entrepreneurs and businesses. If you are considering registering a trademark, or need to litigate for trademark infringement, please call or contact the Law Office of Rubin Ferziger, for broad-based business knowledge and results-based legal advice.

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