Trademark

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Trademarks ® are a source indicator for products. In time, they become associated with the high quality of the product with which they are associated and they become a shortcut in consumer purchasing decisions. The consumer associates the brand name with the consistent quality of the product it represents. Service Marks indicate the source of a service rather than goods; business names and domain names can be service marks. Selection of a strong and protectable trademark or service mark is a critical business decision.

A word, phrase, design or combination thereof must be sufficiently distinct in order to identify a business or product. Under the trademark law, generic and/or descriptive marks are weak and, in the absence of established secondary meaning, cannot be registered or protected. Strong marks, which serve to uniquely identify a business or product without description, are arbitrary, fanciful or coined marks. These are readily subject to registration and/or protection under federal, state, and common law. Most marks are suggestive marks; they can be strong or weak depending on the level to which they describe the service or product which they represent. Suggestive marks can often be registered and protected.

In today's digital age, business owners face the challenge of balancing the desire to convey the nature of their business or product line through a descriptive name with the need to develop a memorable, strong, and protectable trademark. For over thirty years, Lee Anne LeBlanc has been assisting clients in developing (i.e., selection and clearance), protecting (application filing and prosecution), and enforcing trademarks, ensuring her clients’ intellectual property rights are safeguarded.

The Firm represents clients in trademark filings before the U.S. Trademark Office and internationally, through a network of foreign associates.