North Carolina Trademark Attorney

A mark is indicative of the goodwill of a business and may encompass different kinds, such as logos or words.   The mere use of a mark in commerce gives rise to protection under common law to the extent of market penetration of the mark.  However, enforcing common law rights against an infringer can be challenging because of the heavy burdens of proof that would be required in a court of law.  Thus, registering the mark may help lessen that burden.  Registration may be sought at the federal level, at the state level, at the international level, and at the foreign country level.  Hess Patent Law Firm can help you in selecting which forms of mark protection to pursue and at which levels. and can represent you in seeking to register your mark.   The different kinds of applications that may be pursued to seek to protect your mark are:

Trademark application 

If the innovation is a trade name for goods or wares, then a federal trademark application may be appropriate for seeking domestic protection if interstate or international commerce is involved. Otherwise, a state trademark application may be considered.

Service mark application 

If the innovation is a trade name for services, then a federal service mark application may be appropriate for seeking domestic protection if interstate or international commerce is involved. Otherwise, a state service mark application may be considered.

Collective mark application 

If the innovation is a trade name for a collective or association, then a federal collective mark application may be appropriate for seeking domestic protection.

Certification mark application 

If the innovation is a trade name for certification of products/services of others, then a federal certification mark application may be appropriate for seeking domestic protection.

Madrid Protocol application 

If the owner of the trade name resides in the United States, then seeking international protection for the trade name via a Madrid Protocol application may be appropriate for seeking international protection in select countries and regions.

Hess Patent Law Firm successfully obtained federal trademark or service registrations on behalf of clients in various product and service industries, including industries in the following list.