The goodwill of a business can be one of its most valuable assets. Goodwill typically derives from a trademark, trade name or service mark which consumers associate with a desired level of quality in products and services. If competitors adopt a confusingly similar mark, a substantial part of goodwill can be diverted away form the owner of the mark. Thus, it is important to protect trademarks, service marks and trade names through proper use and registration.
Protecting the goodwill of a business involves properly evaluating the protectability of the names, symbols or configurations adopted by the business for use in connection with its goods and services, determining the right to exclusive use of those names, symbols or configurations as trademarks, service marks or trade names, and seeking registration of such marks.
Members of the firm advise clients regarding proper use of marks to establish and maintain strong rights of ownership. They also advise clients on the most appropriate filing strategies to enable them to take advantage of the additional statutory rights afforded by state and federal law.
Perhaps most importantly, the firm helps clients determine the exclusive ability to use selected marks by conducting extensive state, federal and common law trademarks searches, including Internet use. The firm can thereby help clients avoid the potentially costly results of innocently adopting a mark which conflicts with the ownership rights of another.
Recognizing the growing ability of businesses to compete internationally, the members of MOC advise clients on strategies of protecting important marks in foreign markets through foreign registration. Members of the firm work with law firms in numerous other countries to ensure that their client’s rights are protected.
Call Morriss O’Bryant Compagni today at 801-882-2794!