Are you looking for more information on trademark law? A trademark is a word, symbol, or phrase that manufacturer’s use to sell products and differentiate themselves from other manufacturers. The Nike swoosh, for example, is a trademark symbol. Similarly, the phrase ‘I’m lovin it’ is an example of a trademark phrase. Trademarks, however, do not have to be words, symbols, or phrases. They can also be a type of packaging or a unique shape. Trademarks are used by companies to help customers easily identify their products. Trademark laws are laws, governed by both federal and state law, that help to protect the trademark of a product or company. When covered by trademark law, anyone who uses the trademark will face severe legal penalties.

In order for a trademark to be covered by law the trademark must be distinctive, meaning it must make the product easy to identify. All trademarks are eligible to be arbitrary or fanciful, suggestions, or description. Let’s take a closer look at what each of these means. A trademark is arbitrary or fanciful if it has no relationship to the product in which it is selling. The Nike swoosh, for example, has no logical connection to shoes, making it an arbitrary and qualified trademark. A suggestive trademark is one that is suggestive of a characteristic of the product. Powerade, for example, is a type of drink that gives you energy. The name Powerade is suggestive of the products use. A descriptive mark, on the other hand, directly describes the product. All Bran cereal, for example, suggests that it is an all bran cereal.

So your product is eligible for protection, but how do you go about obtaining it? There are 2 ways that an individual or company can acquire a trademark. You can obtain a trademark by either being the first to use the trademark, or by being the first to register it. Trademarks are registered at the U.S. Patent and Trademark Office. This registration gives you the protection that you need to prevent others from using your trademark. Anyone who does use it can be sued in a federal court.

If someone has used your trademark you can take them to court. In order to win your case, one must be able to prove that the sale of the product caused confusion to customers. Within court, the judge will look at several factors. These include: the strength of the trademark, the proximity of the products, the similarity between the products, evidence of customer confusion, and the defendant’s intent. If you are selling a product and would like to trademark it, make sure to register your trademark with the U.S. Patent and Trademark office. Doing so will ensure that you are the only one with rights to the mark and that anyone who uses your trademark will be subject to legal penalties.

If you are starting a business, it is important to understand your options.Different corporate entities have different benefits and formalities that must be followed.Your choice of corporate structure depends on the type of business you intend to establish.The business attorneys are helping large and small businesses to enter into partnerships and joint ventures, build their business networks through strategic relationships and protect from future legal claims.

It is interesting to note that most business disputes can be averted or minimized with good planning and an effective strategy. The money spent in having an attorney review contracts, analyze deals, counsel in decision making or review potential problems before they become a problem can often end up saving you money in the long term. Experienced business litigation attorneys help business entities to handle all documentations, filing and publication requirements for the creation of corporations, limited liability companies, general and limited partnerships and sole proprietorships. Further, they can help to determine which entity will best suit their business needs.

Acquisitions and Dispositions

Business litigation lawyer represents clients in their acquisition and disposition of business assets, corporate stock and membership and
partnership interests. The transactions may range from relatively small private transactions to complex companies involving multi-state based
assets.

They also provide services from the early pre-due diligence stage to the closing of the transaction, and assist with a comprehensive due
diligence investigation, advice on the acquisition structure, letters of intent, capital formation and the drafting and review of all necessary
agreements and documentation. They work to develop a professional relationship with their clients and take pride in the successful closing of the transaction.

General Business Contracts

The corporate practice of business litigation lawyer includes a broad array of services ranging from preparation of shareholder and partnership agreements to other corporate agreements requested by the clients, including employment agreements, non-competition agreements and sales and service agreements. They also create documents for commercial financing such as lines of credit, term loans and factoring and asset backed lending arrangements.

To the extent needed, they also prepare basic standardized forms that may be used by a business in the provision of its goods or services. They act as the functional equivalent of an in-house legal department for mid to large-sized clients without their own legal staff, assisting with their day-to-day legal needs.

A ‘penny saved is a penny earned’, the risks and costs of business litigation later down the road are too great to not engage a business litigation attorney before you enter into entity formation, acquisitions and dispositions or general business contracts legal formalities. They understand that economic demands on a business and will help you expand your business and enter into new contracts and agreements in a responsive and cost-effective manner.