Trademark law falls under the law of unfair competition. That is, it is unfair for someone to pass their products or services off as yours, or to try to diminish the value of your trademark. Trademarks can therefore be protected even in the absence of registration.
In the absence of registration, your trademark can be protected only in the particular geographic area in which you do business, and you have to prove the size of that area. With Federal registration, your area of coverage may be extended to the whole country.
As a trademark owner, you have the right to protect your trademark. When your trademark has been copied or devalued in any way, this is called “infringement” and you have the right to prosecute.
In order to prove trademark infringement, you must first show that you have developed a protectable trademark and that the “infringer” is using a confusingly similar mark in such a way that it creates a likelihood of confusion, or deception with the public. For more information, see Fair Use and Parody Defense.
Domestic and International Trademark Registration
Whether you’re just launching a brand, or have an existing trademark, we will counsel you on domestic or foreign trademark registration. NH trademark attorneys at T.W. Stevens Law Firm offer affordable trademark registration and infringement litigation services to individuals and businesses.