Brand Protection

It’s possible for you to see brands everywhere you go. Brands form part of your life. When you awaken and brush your teeth, you’ll see your toothbrush and toothpaste’s trademark. When you ride a bus to work, you’ll see trademarks in every corner from distinct establishments.

Early history of trademarks

Symbols have been in existence as early as 5,000 B.C. Archaeologists have found markings on pottery. They also discovered cave drawings showing flanks of buffalo with symbols.

Archaeological researchers also found inscriptions on ancient sculptural works, including glassworks vases, bricks, and precious metals. Consequently, these marks and symbols may signify the source or ownership of the article or the settlement of accounts between retailers throughout that point.

Definition and function of a logo

What is a trademark? A trademark is merely a symbol or sign that distinguishes the goods or services of a business from that of another. Brands are also an indicator that goods come up to specific standard of quality.

Brands may also be in the form of Mottos. Example of Slogans are KFC’s “Finger Lickin’ Good” and Nokia’s “Connecting People”.

Connecting People say that lives of people are rule and changed by trademarks. Such statements is accurate somehow, since folks purchase goods base on brands. People buy based on what the trademarks’ representation of the goods or what these merchants of the goods claim to be.

Brand attorneys in Washington DC don’t merely specialize in protecting brands. They are also knowledgeable about the various aspects of brands to be able to entice consumers to purchase their product, that merchants use.

History of trademark law in the U.S.

In the year 1870, the Federal Trademark Act was passed. This was the first law of the U.S. that supplies trademark protection. However, after only a couple of years, the law was held as unconstitutional by the U.S. Supreme Court for being contrary to some patent provisions in the U.S. constitution.

On March 1881, a trademark law in replacing of the Federal Trademark Act was enacted. The law was based on the interstate commerce clause in the constitution. Nevertheless, it’s a major change in 1905 and it was subjected to a lot of revisions as it was not able to adjust together with the development of American economy.

The U.S. congress had a hard time passing a law that can address the need for trademark protection, until the enactment of The Lanham Act. The Lanham Act put emphasis on intention and genuine use of the symbol for its registration. This option was later abolished in a change made to the act. Lanham act was likewise the first law in the U.S. that provided protection to service marks.

Function of brand lawyers

Trademark attorneys or lawyers, like Dunlapp Bennett & Ludwig , specialize in prosecuting cases involving individuals who duplicate or embrace a mark similar to other’s trademarks, use them on their goods, and sell these products bearing the trademarks that are copied as their own.

Trademark attorneys, especially in Washington DC, are in charge of filing oppositions, cancellations, and applications for trademark registrations. Sometimes, trademark registrations before the U.S. patent and trademark office (USPTO) do not require the applicant to possess adequate knowledge about the law, since they simply need to ensure that the trademarks in their application isn’t confusingly similar to that of others.

But, the intricacies of the process of resistances and submitting disputes before the USPTO demands the knowledge of a trademark attorney. Also, filing cases for infringement cases highly requires knowledge of the law.

Trademark attorneys such as Dunlapp Bennett & Ludwig’s functions additionally comprise preparation of licensing, franchising and other contracts, filing responses to disputes, brand investigation, and groundwork of mandates (including special and general power of attorneys).

Possession of trademark is a right

Brand is a property right of a retailer which he can assert against the whole world. In this way, he can protect the goodwill of his brand which was the product of his years of advertisement and hard work against anyone who would like to take advantage of his trademarks’ goodwill by replicating the trademark and selling similar goods to that of the original trademark owner.

However, his right to sue and recover financial compensation depends on the law of the nation of the infringing retailer.

Also, if the mark is a well-known symbol, as defined in the Paris Convention for the protection of Industrial Property, it’s afforded more protection, since in some jurisdictions, a foreign mark may not be protected if it is not well-known in the nation of the merchant who replicated such foreign mark.