Brooklyn Trademark Attorney - Jones Intellectual Property

Jones Intellectual Property, led by Michael Jones, a dedicated Brooklyn trademark attorney with a passion for intellectual property and a background in mechanical engineering, provides comprehensive trademark services tailored to protect, manage, and leverage your brand’s identity.

Michael Jones’ expertise in trademark law is designed to navigate the complexities of trademark protection, ensuring your brand stands out and thrives in competitive markets.

What Is a Trademark?

A trademark is a distinctive sign, symbol, logo, word, phrase, or combination that is used by businesses to distinguish their goods or services from their competitors. A trademark serves as a unique identifier of the source of a product or service and helps consumers recognize and associate the product or service with a particular brand or company. Examples of trademarks include:

Brand names or slogans, such as “Google®” or “Just Do It®”;
Symbols or graphical elements like Nike’s® swoosh logo;
Combined marks that incorporate both words and design elements, such as Amazon’s® word and air-smile logo;
Catchy phrases such as California Milk Processor Board’s® “Got Milk?®”;
Jingles or other auditory recognition, such as NBC’s® three-note chime;
Specific colors or color combinations that identify certain products such as Tiffany & Co.’s® distinctive robin’s egg blue color, often referred to as “Tiffany Blue”; and
Distinctive appearance or product packaging that distinguishes it from competitors, such as Coca-Cola Company’s® glass bottle design.

Trademarks play a crucial role by preventing confusion among consumers while enabling businesses to build and maintain their brands.

Trademark Portfolio Management and Counseling

A strategic approach to trademark portfolio management is crucial for maximizing the value and impact of your brand assets. Jones Intellectual Property’s comprehensive services in this area include:

Brand Protection Monthly Plan: A proactive approach to safeguard your brand through regular infringement searches, cease and desist letters, take-down notices, and settlement negotiations.
Enforce and Defend Trademark Rights: Vigorous enforcement and defense of your trademark rights to maintain your brand’s exclusivity and integrity.
Trademark Renewal Assistance: Ongoing support in managing renewal deadlines and fees to ensure continuous protection.
Trademark Litigation: Expert representation in trademark disputes, strategically defending your rights and interests.

Trademarks v. Patents

A trademark protects brand names, logos, and symbols used to identify goods or services, distinguishing them from others in the marketplace. It safeguards brand identity and consumer perception. A patent, on the other hand, protects inventions or discoveries, granting exclusive rights to produce, use, or sell the invention for a limited time.

For instance, consumers will immediately associate a shoe having a curved check mark with Nike®. That recognition is protected by trademarks. Using and displaying a trademark is required to get that protection. On the other hand, a consumer’s perspective is not considered with patent protection. Patents protect inventions. If Nike® gained patent protection for innovative shoe technology, Nike® would not be required to use the innovation to get protection. Jones Intellectual Property handles both patents and trademarks.

What Does a Trademark Attorney Do?

A trademark attorney’s primary role involves helping clients secure, protect, enforce, and defend their trademark rights. Overall, they serve as a trusted advisor and advocate for clients seeking to protect and maximize the value of their brands, products, and services.

Registering a Trademark and the US Trademark Application Process

The registration of a trademark is not required to establish rights to use your mark. Trademark rights can be established through the legitimate use of the mark in commerce, often referred to as common law trademark rights. However, registering a trademark with the U.S. Patent and Trademark Office provides several advantages and additional protections.

Registration creates a legal presumption of ownership and validity of the trademark, making it easier to protect. It puts the public on notice of your claim to the trademark, discouraging others from using similar marks, and reducing the likelihood of inadvertent infringement. Registered trademarks are also entitled to use the ® symbol, which can deter potential infringers and enhance the brand’s recognition and prestige.

Trademark Prosecution: Protecting Your Brand’s Identity

Trademark prosecution is the cornerstone of brand protection, encompassing everything from the initial application to the joyful moment of registration. Jones Intellectual Property’s services include:

Drafting and Filing Applications: Creating robust applications to capture the essence of your brand.
Responding to Office Actions: Navigating through non-final and final office actions to keep your application on track toward approval.
Notices of Publication and Issuance of Registration: Ensuring a smooth transition from publication to the successful registration of your trademark.
Renewal Fees: Managing the renewal process to maintain the longevity of your trademark protection.

Enhanced Protections

Every trademark registration has a legal presumption of validity. This right cannot be understated, as the presumption of validity enables business owners to protect their brands more effectively. Further owners of a registered trademark can protect their rights in federal court and are often entitled to greater damages, which may include statutory damages and attorney fees. A registered trademark provides stronger protection and legal advantages compared to relying solely on common law rights. Because of these advantages, it is generally advisable to register a trademark if possible.

The Jones Intellectual Property Difference

From startups to Fortune 500 companies, Michael Jones at Jones Intellectual Property has the experience to understand your business’s unique needs.

Trademark Portfolio Management and Counseling

Brand Protection Monthly Plan: A proactive approach to safeguard your brand through regular infringement searches, cease and desist letters, take-down notices, and settlement negotiations.
Enforce and Defend Trademark Rights: Vigorous enforcement and defense of your trademark rights to maintain your brand’s exclusivity and integrity.
Trademark Renewal Assistance: Ongoing support in managing renewal deadlines and fees to ensure continuous protection.
Trademark Litigation: Expert representation in trademark disputes, strategically defending your rights and interests.

Expert Trademark Representation

In the competitive world of commerce, safeguarding your brand’s identity is paramount. Jones Intellectual Property specializes in navigating the intricate trademark application process, often referred to as trademark prosecution, ensuring that your brand receives the protection it deserves across a diverse spectrum of industries. From the burgeoning hemp, marijuana, and CBD markets to established sectors like clothing, makeup, candy, and food—Michael Jones’s expertise extends across a wide array of industries. Michael can guide you through the trademark application process, securing protection for your brand’s distinctive elements, whether it’s a captivating logo, a memorable slogan, or a signature packaging design.

Vigilant Trademark Protection

From the smallest mom-and-pop operation to Fortune 500 brands, maintaining the integrity of your intellectual property is non-negotiable. Jones Intellectual Property specializes in brand protection services and trademark policing, meticulously monitoring trademark usage and misuse to safeguard your brand’s reputation and value. From conducting thorough searches to analyzing potential infringements, Michael ensures that your trademarks remain robust and enforceable in the marketplace.

Strategic Enforcement and Dispute Resolution

In the face of trademark infringement, swift and decisive action is essential. Michael excels in drafting cease and desist letters and takedown notices, and he knows how to leverage legal avenues to protect your brand from unauthorized use, disparagement, and dilution. Additionally, Michael’s experience extends to representing both plaintiffs and defendants in litigation proceedings, advocating for your interests with tenacity and expertise.

Expert Negotiation and Settlement

When disputes arise, finding a favorable resolution is key to preserving your brand’s reputation and resources. Michael specializes in settlement negotiations, leveraging extensive experience to craft agreements that protect your rights while achieving swift and cost-effective resolutions. Whether through mediation or arbitration, he strives to secure outcomes that align with your brand’s long-term objectives.

Trademark Opinions: Informed Strategic Decision Making

Making informed decisions about your brand and potential trademarks requires authoritative advice.

Jones Intellectual Property’s trademark opinion services empower you to navigate your brand’s future with confidence, providing insights on:

Infringement and Clearance: Assessing risks and clearing the path for your trademark’s registration and use.
Validity: Evaluating the enforceability and strength of trademarks to inform strategic decisions.
Freedom to Operate: Analyzing the landscape to ensure your brand operates without infringing others’ rights.

Trademark Proceedings in Front of the Trademark Trial and Appeal Board (TTAB)

Jones Intellectual Property’s expertise extends to representing clients in TTAB proceedings, a critical forum for resolving trademark disputes. Jones Intellectual Property provides expert guidance and advocacy to protect and enforce your trademark interests, whether bringing or facing oppositions, cancellations, or appeals.

Why Choose Jones Intellectual Property as Your Trademark Attorney

Choosing Jones Intellectual Property means partnering with a firm that combines deep legal expertise with a genuine commitment to your brand’s success. Jones Intellectual Property’s unique selling proposition lies in our personalized service, affordability, and strategic approach to intellectual property law.

With Michael Jones at the helm, your brand is not just a case; it’s a legacy he’s dedicated to protecting and enhancing.

Elevate Your Brand with Expert Brooklyn Trademark Attorneys

In a world where your brand’s identity is its most valuable asset, having expert trademark attorneys by your side is not just an advantage; it’s a necessity.

Contact Jones Intellectual Property today to schedule a consultation and learn how comprehensive trademark services can protect, manage, and elevate your brand. Secure your brand’s future with Jones Intellectual Property —where your vision meets our expertise.