Trademark Law

Your success
is our primary
business.

Kim, Lahey & Killough Law Firm is an intellectual property and business law practice which spans business disputes and resolutions, patents, trade secrets, intellectual property protection services, contract enforcement, internet and privacy law, and more.

Your brand is a valuable asset that deserves protection.

Kim, Lahey & Killough Law Firm trademark attorneys are dedicated to protecting and enforcing your valuable intellectual property rights.

With decades of experience securing, defending, and enforcing trademark rights, we understand the significance of your brand and the efforts you’ve put into building it.

Whether you need assistance with trademark registration, maintenance, enforcement, or dispute resolution, we are here to provide comprehensive legal support tailored to your specific needs.

WHAT IS A TRADEMARK?

A trademark refers to a word, phrase, design, sound, symbol, color, or scent that distinguishes the source of goods or services and sets them apart from those of others in the marketplace. It is a unique identifier of a brand and can go beyond just a name, logo, or slogan. In the case of services, the term “service mark” is used instead of a trademark.

Trademark law is a crucial area of intellectual property law that focuses on protecting the unique identifiers associated with your products or services.

By securing a trademark, you gain exclusive rights to use that mark and prevent others from using similar marks that could cause confusion among consumers.

HOW DO I OBTAIN A TRADEMARK?

Trademark rights may be acquired in two ways:

Application for Registration: By filing an application with the United States Patent and Trademark Office (USPTO) based on a bona fide intent to use the mark on a product or in association with a service that will soon be offered to the public.
Actual Use in Commerce: By using the mark in commerce on a product or in association with a service.

It’s crucial to note that errors in the registration process, improper licensing, or other agreements related to the mark can result in the loss of trademark rights. To navigate the trademark process successfully, it’s recommended to consult a trademark attorney. The USPTO also encourages hiring a private attorney for this purpose.

TRADEMARKS, COPYRIGHTS, PATENTS – WHAT’S THE DIFFERENCE?

Trademarks differ from copyrights and patents.

Copyrights primarily protect artistic or literary works, while patents safeguard inventions.

IS JUST USING MY BUSINESS NAME ENOUGH TO CLAIM IT AS MY OWN?

No. It takes more than having a website and an early use date.

Relying solely on using your business name is not sufficient to fully protect your trademark.

To ensure comprehensive protection, it’s crucial to conduct a thorough search to verify that your desired mark is not already in use by others for similar goods or services.

Avoiding potential infringement issues is essential, as rebranding can be a costly endeavor, requiring changes to packaging, merchandise, signage, advertising, and more.

WHAT IS TRADEMARK INFRINGEMENT?

Trademark infringement occurs when consumers are confused by another person’s use of a similar mark on related goods or services.

Unauthorized use of a trademark that is likely to cause confusion, deception, or mistake about the source of goods and/or services constitutes trademark infringement.

Should disputes or conflicts arise regarding your trademarks, our skilled litigators are prepared to protect your interests. We have extensive experience in handling trademark infringement cases and can represent you in negotiations, mediations, or, if necessary, litigation.

Our goal is to ensure the preservation and enforcement of your trademark rights, allowing you to focus on running your business.

Who We Are
& How We
Can Help

Kim, Lahey, & Killough trademark attorneys can guide you through the process of obtaining trademark protection. We assist clients by conducting comprehensive trademark searches to ensure the availability of their desired marks and advise on the best strategies for registration.

With in-depth knowledge of the United States Patent and Trademark Office (USPTO) regulations and procedures, we handle all aspects of the application process, from drafting and filing applications to responding to office actions.

In addition to registration, we are able to provide ongoing trademark maintenance services.

Trademarks require vigilant monitoring to prevent unauthorized use or infringement. Our attorneys can help you develop effective trademark monitoring strategies, enforce your rights against infringers, and defend your mark against any challenges that may arise.

Our South Carolina trademark attorneys have over 120 combined years of experience and have successfully obtained thousands of trademarks for clients across the United States, protecting their brands, products, and reputations.

In Matters of Dispute

Our trademark attorneys assist trademark owners in protecting their reputation, brands, products, services and businesses through various ways, such as writing cease and desist letters and enforcing trademark rights in court. In cases of infringement, we strive for resolutions that may include requiring the infringing party to destroy all infringing materials and provide monetary damages.

Additionally, our team also defends businesses that are wrongly accused of trademark infringement, offering creative solutions for dispute resolution.

We would love
to hear from you.

Kim, Lahey & Killough Law Firm uses a client-centric focus to structure, protect and defend your intellectual property assets and help your business succeed.

Whether you are a potential client or an attorney who needs help on an IP-related matter, we will be happy to assist you.

Helping the Innovation and the Entrepreneurial Spirit

Your success is our primary business.