Trademarks and Unfair Competition
Lee Palmateer – Albany Trademark Attorney
Lee Palmateer is a seasoned Albany Trademark Attorney with hundreds of trademark applications and registrations to his credit. He has successfully handled trademark litigation in federal court and trademark opposition and cancellation litigation before the U.S. Trademark Trial and Appeal Board.
- Trademark Applications – preparation, filing and prosecution of federal registration applications.
- Trademark Clearance Opinions – search for and analyze existing trademarks and render an opinion of the likelihood of success of your potential trademark application.
- Trademark Opposition and Cancellation Proceedings – represent you before the U.S. Trademark Trial and Appeal Board in trademark opposition and cancellation proceedings
- Trademark Enforcement and Litigation – with the Lee Palmateer Law Office, you will have a seasoned and skilled trademark lawyer with an extensive track record of enforcing and litigating trademark rights.
- Trademark Licensing – we have the experience to guide you through the intellectual property and commercial complexities of trademark licensing to protect your rights and maximize your value.
- Unfair Competition – when your competitors are engaging in unfair competition using false or deceptive trade practices or exploiting the good will of your registered or unregistered trademark, we know how to protect your rights under the federal Lanham Act and state common law.
For more information on how Trademark Attorney Lee Palmateer can help you procure, protect and commercialize your intellectual property rights, please call 518-591-4636. Call us and you’ll speak with an experienced Albany Trademark Lawyer.
What is a trademark or service mark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Trade dress generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that serves as a trademark to signify the source of the product to consumers.
What are your trademark rights?
Your trademark rights have many facets, including, for example, your right to protect your business against third parties using trademarks that are the same or too similar to yours.
Is registration of your mark required?
No. You can establish rights in a mark based on legitimate use of the mark in commerce. However, owning a federal trademark registration provides several advantages, including:
- constructive notice to the public of the registrant’s claim of ownership of the mark;
- a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
- the ability to bring an action concerning the mark in federal court;
- the use of the U.S registration as a basis to obtain registration in foreign countries; and
- the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
When can you use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol “®” only after the USPTO actually registers a mark. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.