Fairfield County Trademark Attorneys

Assisting Clients With Trademarks Matters in Fairfield County and Western Connecticut

Trademarks are important business assets. For many products, a trademark is what sets them apart from the competition. Trademarks are valuable because they identify the source of goods and services. Like all business assets, they require both protection and maintenance.

At Chipman Mazzucco Emerson LLC, our team of highly skilled lawyers helps clients in Fairfield County and Western Connecticut establish, protect, and maintain trademarks. We regularly represent clients before the United States Patent and Trademark Office in prosecuting federal trademark applications. We have brought and defended actions before the Trademark Trial and Appeal Board. Representative clients have included companies in the food, software, supplement, catalog sale, and leisure activities industries.

Call Chipman Mazzucco Emerson LLC today at (203) 902-4882 or contact us online to schedule a consultation with our trademark attorney in Fairfield County.

Federal Registration

Trademarks are common law property rights that may be enhanced by federal registration. To achieve federal registration, a trademark must generally be in actual use in interstate commerce, and specimens must be provided with the application.

An important adjunct to the registration process is the right to file applications based on the “intent to use” a trademark in commerce. This can enable a business to protect a name or logo while the products or services are still in the development stage.

It is prudent, when forming any new business, to perform a basic trademark search. This will not only rule out potential conflicts with other businesses down the road but also indicate whether it will be feasible to obtain a registered trademark for the business name.

We Protect Our Clients Intellectual Property

Clients turn to us to protect their intellectual property because we take the time to become familiar with their brands and products so we can help simplify the legal process. We walk them through each phase of obtaining trademarks, including:

• Registering the trademark with the United States Patent and Trademark Office (USPTO)
• Registering the trademark in specific states
• Ensuring the registered trademark is maintained
• Identifying trademark infringement and dilution issues
• Licensing and assigning the trademark
• Purchasing existing trademarks

What Are the Benefits of Securing Trademarks?

Although the trademark registration process can be frustrating and confusing if you aren’t familiar with this area of the law, business owners who successfully obtain trademarks gain the following benefits:

• Exclusive ownership rights
• Notice of exclusive rights recognized throughout the U.S.
• The business can legally use the “®” symbol
• The trademark registration will become incontestable after five years
• The trademark can serve as the basis for registration in other countries
• The trademark entitles the owner to file an infringement lawsuit in federal court, with many procedural advantages, such as the reimbursement of legal fees

Trademark Infringement Litigation

Chipman Mazzucco Emerson business lawyers fight hard to protect and maintain our clients’ rights to their trademarks. If necessary, we litigate trademark disputes and conduct declaratory judgment proceedings. We possess decades of practical trial experience and feel comfortable arguing cases before judges and juries. We can prepare you for the courtroom so you can confidently pursue the rights you deserve under the law. Our firm litigates trademark disputes over:

• Similarity of marks
• Similarity of goods or services
• Second users and constructive notice
• Concurrent registration
• Prior use
• Abandonment
• Incontestability
• Senior registrant rights against pre-registration user
• Secondary meaning and descriptiveness

How Our Trademarks Attorney Can Help You

We can assist you by:

• Personalized Trademark Strategies: Every brand is unique, and a personalized approach to trademark protection ensures that your intellectual property is adequately safeguarded. We take time to understand your business, industry, and future goals to craft a customized trademark strategy that aligns with your specific needs and growth plans.
• Mitigating Risk Through Comprehensive Analysis: One of the most challenging aspects of trademark law is assessing the risk of infringement or rejection. We analyze trademark applications, filings, and other critical documents to identify and mitigate potential issues early, increasing the likelihood of successful registration and reducing the risk of costly legal disputes.
• Ongoing Brand Protection and Monitoring: Protecting your brand is an ongoing responsibility. We offer trademark monitoring services, watching for any unauthorized uses of your trademark or similar marks that could confuse the market. By identifying and addressing potential infringements promptly, we help you maintain the integrity of your brand and avoid the dilution of its value.
• Efficient Management of Trademark Portfolios: For businesses with multiple trademarks, portfolio management can become complex without a cohesive strategy. We provide organized and efficient management of all your trademarks, tracking filing deadlines, renewals, and required maintenance filings to ensure your trademarks remain active and valid.
• Swift and Effective Trademark Enforcement: If your trademark rights are infringed upon, a rapid response is essential to prevent damage to your brand’s reputation and market position. We can quickly issue cease-and-desist letters, negotiate settlements, or represent you in court to enforce your rights. We are committed to pursuing fair resolutions that prioritize your brand’s integrity while helping you avoid unnecessary litigation.
• Guidance on Licensing and Brand Expansion: Expanding your brand or licensing your trademark can open new revenue opportunities, but doing so requires careful oversight to protect your trademark’s value. We draft and negotiate licensing agreements defining usage rights, ensuring brand consistency, and securing compensation. Additionally, we handle trademark assignments if your business decides to sell or transfer rights to a third party.
• Assistance with International Filings and Protection: Expanding your trademark protection internationally is valuable in today’s global marketplace. We help coordinate international trademark filings and enforcement, helping you establish a strong global presence while managing the legal complexities associated with cross-border.