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Trademarks and Service Marks

TrademarksTrademarks are any word, name, symbol, or device, or any combination thereof used in commerce to identify and distinguish goods from those manufactured or sold by others.  A trademark’s purpose is to indicate the commercial source of the goods.   Almost any word, name, symbol or device can serve as a trademark, although there are some restrictions such as (a) the “functionality doctrine” (b) name selection that would constitute false advertising, and (c) certain non-registrable categories as set forth in 15 U.S.C. Section 1052. Similar to copyrights, the owner of a trademark has certain exclusive rights which are protected by use of “cease and desist” letters and trademark infringement or common law “passing off” actions.

Judd Law Group represents clients in matters relating to federal, state and international trademark law. We will help you establish and manage your trademark portfolio, including business names, domain names, trademarks, service marks, slogans and trade dress. Our diligence process will assist new mark selection. Judd Law Group will also handle the filings for the same as well any related prosecution of that filing.  Protecting your mark involves a combination of monitoring for conflicting trademark applications and infringing use, sending cease and desist notices, and bringing legal action when necessary.

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