« Back to IP Law
Expert Trademark Attorneys
Weiss & Moy, P.C. handles all aspects of U.S. trademark law including performing trademark searches, preparing applications, prosecuting applications to registration, drafting licenses, advising on infringement, and handling litigation; whether in courts throughout the U.S. or before the U.S. Patent & Trademark Office’s Trademark Trial and Appeal Board. Through our network of foreign associates, Weiss & Moy, P.C. is also able to offer the filing of foreign trademark applications in virtually every industrialized country in the world.
At Weiss & Moy, P.C., we recognize that, quite often, the most valuable asset a company possesses is its reputation. Securing federal trademark registration for names, logos, and other matter that can be trademarked, is an important first step in profiting from the reputation that you build for your goods and services.
Since our founding in 1976, Weiss & Moy, P.C. has billed for its trademark prosecution services on a flat-fee basis so that our clients know exactly how much it will cost to protect their trademarks. While many lawyers bill for their services on a per-hour basis, Weiss & Moy, P.C. attorneys give you a binding quote for our trademark prosecution work at the beginning, so you can know your expected costs upfront. Our flat-fee billing structure allows you to budget for legal expenses in the same way you might budget for research and development, marketing, or other costs. For litigation, Weiss & Moy, P.C. offers low hourly rates for advising trademark owners on whether or not to sue, prosecuting or defending civil litigation cases, and negotiating pre-litigation settlements.
What is a trademark?
A trademark or service mark is a name, logo, symbol, sign, product shape, slogan or even jingle that is used to identify the goods or to advertise the services of a business. Examples of various types of well-known trademarks are the name Nike®, the Nike® swoosh logo, the slogan “Just do it”, and the shape of the Coca-Cola® bottle. Product shapes, known as “trade dress” may be protected through a trademark application to the U.S. Patent & Trademark Office (USPTO).
A federally registered U.S. trademark allows its owner to prevent all others in the U.S. from using the same or similar name or logo in such a way as to generate a likelihood of confusion between the two marks.
How long does trademark protection last?
After a trademark is federally registered, it must be renewed between the fifth and sixth year, between the ninth and tenth year, and then every 10 years thereafter in order to maintain it. Unlike patents and copyrights, which grant protection for a finite period of time, trademark protection can last forever as long as the owner continues to use and renew it every 10 years.
Trademark law is governed by both state and federal law. A state trademark only grants local rights within that state, however. One that is federally registered is granted by the USPTO. Once federally registered, a trademark allows its owner the exclusive right to use their mark within their registered class throughout the U.S.
Why obtain a federally registered U.S. Trademark?
Using a name or logo without a U.S. federally registered trademark will allow someone else to use your name or logo to sell goods or advertise services in every state where you do not currently use that name or logo. Even if you are the first to use your mark within a specific geographic area, another company or individual can still obtain a federally registered trademark over the exact same name or logo and be granted the exclusive rights to that name or logo throughout the rest of the United States.
Through the enormous growth of the internet and the emergence of e-commerce, many businesses that once operated exclusively in a local market are now able to provide services and sell products throughout the United States and the world. As a result, there is a greater need today than ever before to protect your name or logo by becoming federally registered.
Every application must specify the class of goods or services for which trademark protection is sought. When preparing an application, the attorneys at Weiss & Moy, P.C. will assist you in determining the most suitable class (or classes) for filing.
At Weiss & Moy, P.C., we recognize the importance of moving quickly to secure your rights. That is why we are often able to prepare a trademark application for filing with the U.S. Patent & Trademark Office (USPTO) within one to two business days.
For those who seek protection outside of the United States, Weiss & Moy, P.C. is able to offer the filing of trademark applications in virtually every industrialized country in the world. Our foreign service provides our clients with convenient one-stop shopping for obtaining international protection.
Weiss & Moy, P.C. can guide you through the complexities of filing an international trademark application under the Madrid Protocol. Alternatively, our network of foreign associates can file applications directly in each individual country. Either way, you can avoid the administrative difficulties of dealing with multiple law firms located throughout the world. Just contact Weiss & Moy, P.C. and let us handle your international needs.
The intellectual property attorneys at Weiss & Moy, P.C. are able to perform a trademark infringement analysis by comparing your mark with the mark of a competitor to determine if there is a likelihood of confusion. The infringement analysis that we provide may help you avoid costly litigation.
Before investing time, money and resources in both manufacturing and advertising a name or logo, it may be beneficial to have the intellectual property attorneys at Weiss & Moy, P.C. determine whether your mark may infringe upon the federally registered mark of another party. The infringement analysis that we provide may reveal that there is no likelihood of confusion between your name or logo and a competitor’s name or logo, which will allow you to invest in your trademark with confidence. Alternatively, as a result of our trademark infringement analysis we may advise you to make a minor or major change in your name or logo to avoid trademark infringement, to seek a license, or to take other steps to ensure that you are properly respecting the trademark rights of others, and thereby avoiding unnecessary litigation.
The intellectual property litigation group at Weiss & Moy, P.C. has substantial experience in all phases of dispute resolution regarding claims of trademark infringement – from the preparation of cease and desist letters and responses thereto to litigation in federal district court and bankruptcy court. This includes the high-stakes process of seeking, or defending against, requests for temporary restraining orders and preliminary injunctions.
Get Started Today
Contact us at one of our Scottsdale or Las Vegas offices today:
Scottsdale, Arizona Office
4204 N. Brown Ave.
Scottsdale, AZ 85251
Las Vegas, Nevada Office
3753 Howard Hughes Parkway, #200
Las Vegas, NV 89169