Whether you are looking for a trademark attorney to help you with registration or to pursue legal action to protect your trademark rights, the Houston business lawyers at Adair Myers Stevenson Yagi have the experience and skill to protect your business’ valuable intellectual property.

Our trademark attorneys can help you deal with the complexities and nuances required by the United States Patent and Trademark Office (USPTO) to get your assets protected. Additionally, if you’re dealing with infringement or other unfair business practices such as counterfeiting, our lawyers have a variety of tools – up to and including trademark litigation – to stop infringers.

What Is a Trademark and Why Do You Need One?

Trademarks are a certain type of intellectual property that are designed to be a recognizable sign or design, that easily identifies a particular product. The owner of a registered trademark has access to various rights afforded to them by the United States government and/or the State of Texas, depending on the registration. Depending on the markets your business intends to operate in – as well as the legal protections you would like to secure – there may be benefits to registering your trademark at the federal level, state level, or both. The lawyers at Adair Myers Stevenson Yagi will work with you to strategize what’s best for your business’ individual situation.

Federal Trademark Protection

At the federal level, the primary source of protection for trademarks is the Lanham Act. The Lanham Act allows for the exclusive use of the trademark by the owner, unless the owner has authorized others to use it (such as through licensing). The U.S. Patent and Trademark Office is the federal agency that administers the Lanham Act and regulates the registration of trademarks on the federal trademark register. It is not necessary to register your trademark to pursue litigation, but registration does provide certain legal advantages.

In order to be registered, you or your attorney must prove to the USPTO that your trademark falls within the legal definition of distinctive. It is important to remember, however, that not every design, word, etc. can be trademarked. Due to the complexity of the process, the experienced intellectual property lawyers at Adair Myers Stevenson Yagi can help devise strategies to better secure trademark protection.

Texas Trademark Protection

Trademark rights at the state level in Texas arise through the use of the mark in commerce. Texas has both common law protections and state statutes that grant protection with registration. Some of the key benefits of registering a trademark at the state level include the exclusive right to use the trademark in Texas, as well as the ability to recover profits derived from infringement, as well as attorneys’ fees.

Trademark Infringement Attorney

When you’ve invested time, energy, and money into building your business’ brand and reputation, others may try to take advantage of your investment for their own profit. In fact, at least 85% of brands experienced trademark infringement in 2020.

The Lanham Act forbids trademark infringement federally. It allows the owner of the trademark to bring a cause of action against the infringer in federal court. An infringement occurs when another business or individual makes use of a trademark in connection with the sale of goods that is “likely to cause confusion” as to the “origin, sponsorship, or approval” by another person (15 U.S.C.  §1125(a)).

Other actions prohibited by the Lanham Act include counterfeiting a registered trademark, trademark dilution, and “passing off.” As you know, these unfair competition practices can cause harm to your business’ reputation and lost profits. The attorneys at Adair Myers Stevenson Yagi can work with you to end infringement through a variety of legal tools, up to and including litigation.

Trademark Litigation

When other methods fail to stop an infringer from violating your rights, consulting a trademark litigation attorney is the best course of action. The lawyers at Adair Myers Stevenson Yagi can explain the remedies that may be available through litigation.

Federally, a cause of action can be filed by the owner of a trademark for trademark infringement and other unfair competition claims. Your lawyer may be able to secure preliminary or permanent injunctive relief. Other remedies that may be available are damages, profits of the infringer, and potentially attorneys’ fees.

Texas remedies include many similar remedies, such as injunctive relief, but also include destruction of infringing counterfeits or imitations, profits derived from the infringement, and in some cases up to three times the damages and profits, as well as reasonable attorneys’ fees.

Trademark Lawyer Houston

The experienced Houston trademark attorneys at Adair Myers Stevenson Yagi have extensive experience both filing trademark applications and enforcing existing trademarks for businesses of all sizes. Having a trusted brand allows consumers to feel confident when buying your products or services because it allows them to know what to expect. The name of your business, its logo, and other potentially trademarked items can become the most valuable intellectual property assets your business owns. Registering your trademark helps to secure the financial, time, and intellectual investments you have made in establishing your business’ reputation. Our experienced business attorneys have over 40 years of experience in a broad range of industries in Houston and across the state, and we are well equipped to help you deal with the complex rules and laws involved in trademark registration and litigation.

Additionally, as experienced business litigators, our attorneys can assist you in ending trademark infringement. If you would like to talk to one of our attorneys about registering a trademark or you are concerned your trademarks are being infringed upon, please do not hesitate to contact us today at 713-522-2270.