Trademarks, Copyrights and Trade Secrets

Protect Your Work and Your Name

Experienced Trademark Law Firm in Madison, Wisconsin

A trademark or service mark is a distinctive trade name, phrase, logo or word that identifies and distinguishes products and services from those of competitors. Trademarks apply to goods, while service marks apply to services, but here we will refer to both as “trademarks”. As certain trademarks gain more exposure and are around for a long enough period of time, consumers may begin to identify them as being indicative of quality products and services and may use these trademarks to make decisions about where to take their business.

While registering a trademark or trade name can afford specific and significant protections in the event of infringement, it is not always necessary to register it in order to have trademark protection. Even unregistered trademarks can be protectable against infringement.

A Palmersheim Dettmann, S.C. trademark attorney or copyright lawyer can help clients register trademarks and protect their registered, or unregistered, trademarks. Trademark and service mark laws prevent competitors from using the logos, names and phrases of another company to draw business to their own products. Our firm represents companies and individuals in trademark protection and trademark infringement litigation, when disputes over the use of a trademark cannot be resolved through settlement. We have successfully represented business clients on trademark cases in federal court and in Wisconsin courts, including recovering damages and pumitive damages for trademark infringement in the Wisconsin Supreme Court.

If you are interested in registering a trademark or if you believe that your existing trademark has been infringed by another company, contact a Palmersheim Dettmann trademark attorney or copyright lawyer in Madison, Wisconsin.

Trademark Infringement and Litigation

In most matters of trademark infringement, the key question is whether the trademarks or trade names are the same or similar enough that a likelihood of confusion exists between the marks. There are many factors that are considered when determining if a likelihood of confusion exists and if trademark infringement has occurred. These generally include:

• Similarity of the trademarks, trade names or service marks
• Similarity of the products or services being provided by the companies
• Similarity of the trade channels used by the companies
• Number and nature of similar marks used on similar goods
• Extent of any actual confusion by consumers or others

Remember, you do not necessarily have to have a registered trademark to have legally protected trademark rights. Any name, phrase or logo can obtain trademark status by using the mark in business, even if you take no steps to register it. There are, however, benefits to having a registered trademark, and a trademark law firm will recommend this registration when practical. Our lawyers can help you register your trademark and protect it in the event of infringement.

Contact Palmersheim Dettmann, S.C.

Contact our Madison, Wisconsin office by calling (608) 836-6400. Speak with an experienced trademark attorney or copyright lawyer about your trademark protection, registration or litigation issue.