About Xavier MoralesMr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Mr. Morales’ law practice emphasizes trademark registration, counseling and enforcement.
Over the years, Mr. Morales has assisted a diverse range of clients in all areas of trademark law, including the evaluation and clearance of marks, the prosecution of trademarks before the USPTO, and representation before the Trademark Trial and Appeal Board (TTAB). Additionally, Mr. Morales assists clients with issues relating to copyrights and Internet disputes involving domain names. While admitted to practice only in New York, California and Texas, Mr. Morales’ practice area enables him to represent clients throughout the United States. |
Protecting Your brandTo start with you should consult with a trademark attorney and obtain their legal services. They will file for trademark protection and pursue companies that use similar trademarks without the legal protection you have. Fling for a trademark can be a tricky process. Not only do you have to see that the trademark is not reserved and that it does not emulate other trademarks currently in use but you have to establish that is used in your business and is recognized by third parties as part of your business.
While this won’t prohibit you from filing for a trademark, if you are in a lawsuit then these are things that will be considered by the individuals who are trying the case, be they judges, arbitrators, or a jury. The key is using your trademark in your business, on your company’s buildings, on your website, and so on to establish that the trademark is not only in use but is a key identifier for your business that needs and requires protection from emulation. Beyond that, you will have to consider if you need to file or trademark protection internationally and examine the local rules in place in this area. Hiring international trademark attorneys can be very expensive so you should be sure that you need to file in these locations before you decide to do so. Consider where you do business as well as where you may need to going forward. To learn more, visit us at SecureYourTrademark.com. |