Trademarks & Licensing
The Obi Law Group acts as "brand counsel" to businesses and individuals, helping them build, protect, and defend their intellectual property and brands, through the use of trademarks, copyrights and licensing agreements. OLG is your strategic partner in maximizing the value of your brand and intellectual property.
Trademarks, Copyrights and General Intellectual Property Services
The Obi Law Group counsels clients on the strategic use of trademarks, service marks, copyrights, trade dress, and product and packaging configurations. Our law firm's has helped register trademarks worldwide for clients. We can also actively manage domestic and global trademark portfolios and provide surveillance of marks in the United States and abroad. A snapshot of our representative matters is below:
- Trademark Search and Registration
- Trade Secrets and Unfair Competition
- Non-Compete Agreements
- Licensing and Distribution
- Copyright Registration
- Dedicated Brand Defense and Brand Counsel Services
- Anti-Counterfeiting Program Development
- IP Monitoring and Enforcement
Trademark Law
OLG's trademark law team develops corporate and brand identity programs for startups, as well as for companies that are rebranding or entering new markets. We offer intellectual property audits designed to identify trademark protection opportunities, as well as licensing services.
A trademark is a symbol, name, design or even a single word that is used to identify the sole source of a product or service. Trademarks and service marks make it easy to identify a product or service and should be guarded and protected as the assets they truly are. Moreover, you want to make sure you can legally use your name or logo before you spend time and money marketing a brand that might need to be altered later due to an infringement allegation.
At the Obi Law Group, we help you understand the trademark process. We work with individuals, businesses, and organizations alike, guiding them through the trademark process to ensure their mark and brand is protected. We also have a dedicated IP, Risk and Brand Protection Consultancy called Heartland Counsel, which provides custom ongoing legal support businesses and organizations.
The Trademark Filing and Application Process
There are several rules and regulations that must be adhered to when applying for a trademark. Here are several things to know about obtaining a trademark:
- To be eligible for a trademark, a mark must satisfy two requirements: (1) it must be used for commerce; and (2) it must be distinctive.
- A mark cannot be the same as or confusingly similar in appearance, sound or meaning to another mark for the same or similar product or service.
- A mark which is descriptive of the product, is identified with a geographic location or is a person’s name may be limited in protective scope and registration availability.
- The first to use a mark in a particular geographic area has the exclusive right to the mark as against anyone who subsequently attempts to use the mark within that geographic area. However, registering a mark with the United States Patent and Trademark Office extends the right to the mark throughout the entire United States regardless of usage in all areas.
- When filing a trademark registration application, you will either file an intent to use application if the mark is not yet being used or an actual use application if the mark is currently in use. If you file an intent to use mark, you must use the mark within a specified time frame and will have to file a statement of use when you actually do use the mark.
- A comprehensive state, federal, and common law trademark search should be completed when you apply for a trademark.
Licensing
Once licensing discussions begin, we help our clients consider the opportunities as well as the risks. Failure to fully assess the licensable rights and the possible consequences can lead to the loss or weakening of intellectual property rights. We carefully consider the outcomes and don’t fall back on “boilerplate” contract language. We take a holistic approach to protect clients but also understand our clients’ risk tolerance and the benefits of the licensing positions under consideration.
Get Your Brand Trademarked Today
Need assistance? The Obi Law Group is here to offer you the extensive trademark counsel you are looking for to assist you with the registration process. The sooner you file for your trademark registration, the sooner your brand and intellectual property is properly protected before there is an opportunity for infringement.
If you are ready to protect your intellectual work with a U.S. copyright, contact us for a free initial consultation and get the process started today.
