SCIP Law is one of the leading law firms specializing in trademark infringement cases in New York. With years of experience and a dedicated team of legal experts, we are committed to protecting your brand and ensuring your trademarks are legally secure. Our comprehensive services cover all aspects of trademark law, from registration to litigation.
Why Choose SCIP Law?
Protecting your trademark involves several steps:
Registering with the USPTO: Register your trademark with the United States Patent and Trademark Office (USPTO). This provides legal recognition and nationwide protection.
Conducting Regular Monitoring: Monitor the marketplace for unauthorized trademark use once registered.
Enforcing Your Rights: If you discover that your trademark is being used without permission, take swift legal action.
Maintaining and Renewing Your Trademark: Ensure you keep your trademark registration active by filing the necessary maintenance documents and renewing your registration every ten years.
Document the Infringement: Collect evidence of the unauthorized use, including screenshots, photographs, and descriptions of how the infringer is using your trademark.
Consult a Trademark Attorney: Contact an experienced trademark attorney immediately. They can help assess the severity of the infringement and determine the best course of action.
Cease-and-Desist Letter: Sending a cease-and-desist letter to the infringer, demanding they stop using your trademark and outlining the legal consequences if they do not comply.
Negotiation and Settlement: In some cases, it may be possible to negotiate a settlement with the infringer without going to court.
Litigation: If necessary, your attorney can file a lawsuit to enforce your trademark rights and seek damages for the infringement.
The trademark registration process typically takes 8-12 months and involves several stages:
Trademarks need to be renewed every 10 years to maintain protection
Yes, you can register a trademark for a brand you plan to use in the future by filing an "intent to use" (ITU) application. Here's how it works:
Submit the ITU application to the USPTO, indicating that you have a bona fide intention to use the trademark in commerce.
The ITU application undergoes the same examination and publication process as a regular trademark application.
After application approval, you'll receive a Notice of Allowance. You then have six months to file a Statement of Use, proving that you have started using the trademark in commerce. If you need more time, you can request extensions for up to 36 months.
After submitting the Statement of Use and it is accepted, the USPTO will issue a registration certificate, officially registering your trademark.
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