Trademark Lawyers serving North Carolina & South Carolina
Branding is an essential step to building and maintaining a successful business, and our Charlotte, North Carolina and Fort Mill, South Carolina trademark attorneys are experienced in protecting and enforcing common law trademark rights as well as federal and/or state registration.
Trademark your company’s logo and/or business name to protect your branding, because a failure to do so may severely inhibit your right to prevent others from using your valuable intellectual property, name, and logo.
The goodwill you have developed from your business name, logo, tagline is a valuable asset to your business that sets you above your competition and can significantly increase the value of a business sale. We provide comprehensive legal advice to business owners who understand the importance of registering a trademark or service mark in order to protect the intellectual property of their business. We strive to educate start-up companies, entrepreneurs, and business owners who sell goods or offer services and want to learn how to protect their company image and market share.
Full Service Trademark Counseling & Filing The trademark attorneys at Nosal & Jeter, LLP are experienced in protecting and enforcing common law trademark rights, as well as those subject to federal and/or state registration for our corporate clients in both North Carolina and South Carolina. Our North Carolina trademark lawyer and South Carolina trademark attorney provide full-service advisement and legal services in determining the availability of marks and the feasibility of obtaining federal and/or state registrations for trademarks or service marks for your company or business with the United States Patent and Trademark Office (USPTO). Our trademark attorneys conduct thorough computerized searches for previously registered marks, and pending applications which might bar an application.
Our trademark legal services include the following:
- Trademark Search & Registration
- Trademark Monitoring
- Trademark Office Actions
- Trademark Renewals
Examples of our clients registered trademarks
What is a trademark or service mark?
A trademark is a brand name. A trademark or service mark includes any word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product or sale of goods. Examples of well-known trademarks include Coca-Cola for soft drinks, Nike for footwear, and Microsoft for software.
Why Trademark with USPTO?
Federal trademark registration provides several important advantages:
- It prevents competitors from using the same or similar trademark or service mark in association with the same or similar goods or services,
- It provides public notice of your claim of ownership of the mark, and a legal presumption of your ownership of the mark, and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration,
- It provides you the right to bring a legal action concerning infringement of the mark in a United States Federal Court,
- It allows the use of the U.S. Registration as a basis to obtain registration in foreign countries,
- It provides you with the ability to record the U.S. Registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods,
- It grants the right to use the federal registration symbol ®, and
- It creates a unique listing in the United States Patent and Trademark Office’s online databases.
Must I register my trademark?
No. You can establish rights in a mark based on use of the mark in commerce, without a registration. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration.
How is a trademark different than a copyright or patent?
A trademark or service mark is a word, phrase, symbol or design, or a combination thereof that identifies and distinguishes the source of the goods or services of one party from those of others. On the other hand, a copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed, while a patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. In essence a trademark protects the branding of your business, while a copyrights and patents protects the particular works, inventions, and ideas.
When can I use the Trademark Symbols: TM, SM & ®?
Any time you claim rights in a mark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the United States Patent & Trademark Office (USPTO). However, you may use the federal registration symbol “®” only after the USPTO actually registers a mark, and not while an application is pending. Furthermore, the registration symbol can only be used in connection with the goods and/or services listed in the Federal Trademark egistration.
Do I need an attorney to file a trademark?
An attorney is not required to file a trademark or service mark for your business, but it is highly recommended. The USPTO attorney who reviews your case is prohibited from giving you legal advice, and having your company’s North Carolina or South Carolina trademark attorney file the application on behalf of your business can save you future legal problems, including a comprehensive search before filing, assisting during the application process in properly describing your mark, goods and services, and corresponding with the USPTO in order to make sure your filing is complete. Finally, a North or South Carolina trademark attorney can also assist in the policing and enforcement of your trademark rights. The USPTO only registers trademarks. You as the trademark owner are responsible for any enforcement.
What are the fees associated with filing a trademark or service mark?
The filing fees range from $275.00 – $325.00 per category of goods and services for which your mark is registered.
Fort Mill, SC Trademark Lawyer
Contact Us Online at firstname.lastname@example.org or Call Us now at (803) 351-3597 to register a trademark for your business! From our firm’s Fort Mill office, we serve business clients in Tega Cay, Lancaster, York, Rock Hill, and all of South Carolina.
Charlotte, NC Trademark Attorney
We also serve all of North Carolina, including the towns of Cornelius, Huntersville, and Davidson in the Charlotte and Lake Norman area. Call Us now at (704) 608-3429 to register a trademark for your business!