At Delain Law Office, PLLC, a trademark law firm with offices in Schenectady, New York, and practicing both nationally and internationally, we partner with select clients to effectively use the law of trademarks to maximize their income and enhance the quality of their business life. Our comprehensive trademark law practice focuses on the needs of our clients. We develop an overall intellectual property strategy based on face-to-face meetings with clients. Contact us to schedule an exploratory meeting.

What Is the Law of Trademarks?

A trademark can be anything that helps consumers identify and distinguish the source of goods or services in commerce. Words are common trademarks, as are designs, but color, sound, smell, taste and feel can all be trademarks, as can any combination of these elements. Trademarks are available to individuals as well as business entities, including corporations, limited liability companies, partnerships, and sole proprietorships.

The federal law of trademarks is found in 15 USC § 1051 et seq. Federal trademark law identifies the requirements that must be met for a trademark registration to issue. It also specifies the rules, regulations, and procedures for stopping trademark infringement.

The Code of Federal Regulations provides the rules that operate under the federal trademark law. This can be found at 37 C.F.R. Part 2

The US Patent and Trademark Office has promulgated methods for implementing the federal trademark law. This is found in the Trademark Manual of Examining Procedure.

In addition, each state and territory has state-based trademark law in place. In New York, that law is found in the General Business Law, at Article 24, Sec. 360 et seq.

How Can Delain Law Office Use the Trademark Laws to My Benefit?

At Delain Law Office, after an exploratory meeting with you during which you will share with us information regarding your goals, values and objectives, both personally and professionally, we will use that information to structure a strategy to help you achieve those goals through the proper management of your trademarks and the implementation of the law of trademarks in a manner that makes the most sense to you. The result is that you will be more in control of the results you seek in connection with the protection of your intellectual property, than with any other approach.

Such strategy can include proactively promoting and establishing your product or service and preventing infringers from benefiting from the goodwill you have established in connection with those trademarks. If protection of your trademarks as they are being used in connection with your goods and services makes sense to you, and if your failure to protect your trademarks will have a bad effect on your bottom line, then it would make sense to obtain protection of your trademarks nationally, and even internationally, wouldn’t it? Delain Law Office can assist you in implementing whatever tools necessary to insure that your trademarks are protected including trademark searches and submission and prosecution of trademark applications. Delain Law Office can also show you how to protect your future trademarks even before you start using them. Further, Delain Law Office can help you police your existing trademarks or service marks against infringement.

Contact us for more information about any of the materials on this website.