Trademark Law
Trademark law safeguards symbols or words that identify the source of goods or services, revealing the person or company behind them. For instance, Apple's distinctive Apple logo allows consumers to recognize its products, like iPhones and MacBooks, immediately. Trade dress, by contrast, refers to the unique, non-functional design of a product, its packaging, or a business's physical appearance that helps consumers identify and associate it with a specific source. A notable example of trade dress is the signature red and white color scheme of Target's retail stores, which helps customers identify the brand instantly.
Trademark and trade dress laws are designed to prevent consumer confusion. When an individual or company uses a specific mark or trade dress to identify their business or products, consumers begin to associate that mark or dress with the particular source. This system allows consumers to easily and quickly differentiate between sources of goods and services and identify the provider they wish to purchase from.
Cosmic Law Firm also handles trademark disputes, representing both trademark and trade dress owners and those accused of infringement. Trademark disputes can be complex, often necessitating proof of various fact-specific elements outlined in the Sleekcraft case. In some instances, proving or disproving a trademark infringement claim may require consumer surveys or other technical methods of evidence. It is generally advisable not to leave intricate trademark or trade secret cases to general business litigators without significant experience in trademark law.
Cosmic Law Firm’s trademark law practice encompasses two primary aspects. First, we assist clients in acquiring, developing, and registering trademarks and trade dress. While trademark and trade dress rights are established through their use in commerce, obtaining federal registration provides significant benefits, including the ability to expand trademark rights into new regions before offering goods or services there. Cosmic Law Firm supports clients in securing federal registrations by managing proceedings before the United States Patent and Trademark Office.