Basics

Trademarks serve a marketplace function of identifying the origin or goods or services. In essence, a trademark is derived from use of a mark in the marketplace. Registering a mark, in and of itself, does not confer rights on the applicant without a demonstration of such use or the sworn intention to engage in such use (an intent to use application), followed up by showing of actual use. Registration of trademark gives notice to innocent and willful infringers alike that an entity claims certain rights in the mark and provides legal remedies not otherwise available. These remedies include an award of attorney’s fees expended against the infringer and statutorily determined damages for each infringement.

We offer a full service domestic trademark practice and we are well versed in the needs of numerous industries.

Crosby & Higgins Services include:

• Applications – U.S. and International (Madrid Protocol)
• Reviewing, analyzing preliminary and comprehensive searches
• Licensing and Assignments
• Protecting Trademarks, Service Marks and Trade Dress from infringement, unfair competition and dilution
• Managing Trademark Portfolios

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