Law Office of Donald M. Gindy

Trademark or Service Mark

         Trademarks symbolize the goodwill of the product or service to consumers.  A trademark exists where there is a market for the goods or services that the mark identifies. The owner of the mark is protected from the erosion of goodwill and the public is protected from deception as to the source and quality of the goods.  If you were in Bangkok, Thailand or Keokuk, Iowa and were thinking of purchasing athletic shoes, you can reliably depend on the quality of the product being the same in either location if they display the same mark. Thus, Nike shoes would be of the same quality in either geographic location.  When buying the shoes you are doing so based on your knowledge of the source of the goods.  You hold a belief that Nike produces a quality athletic shoe and you’re willing to spend your dollars on that perception.

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          Registering your trademark or servicemark is often critical to the success of the business. It tells the world you own a mark and it is associated with your goods or services. Registration on the Principal Register of the United States Patent and Trademark Office affords you a presumption of the validity of your mark against all others who may be infringing.  In a lawsuit, that presumption is quite important, because the defendant has to be able to present evidence sufficient to overcome it. Often a cease and desist letter to an alleged infringer is enough to discourage the opposition and result in discontinuing further infringing conduct.  If not and the wrongful activity continues, you may allege the willfulness of the infringement and seek greater damages.  

           Under the circumstances, we are ready, willing and able to assist in the prosecution of your trademark or servicemark infringement case.  Our terms of engagement are very reasonable and competitive with other practitioners in the same field.  Feel free to contact us for a discussion of your claim.