Benjamin Appelbaum, Attorney at Law

Protecting your company's interests re trademark law

Registration laws and systems regarding trademarks vary from state to state. However, in New Jersey and all other states, one thing remains common; trademark law protects those whose rights have been infringed upon when a brand name or business name has been unlawfully used by another party. Those facing legal challenges that involve disputes over intellectual property will want to make certain they have a clear understanding of state and federal laws before proceeding to court.

Whether a business is just starting out or has existed for many years, issues surrounding trademark protection can be complex and difficult to resolve without legal intervention. Often, a business or brand name owner must be proactive in order to protect trademark interests and pursue justice when someone has infringed upon intellectual property rights. In a recent legal dispute, two companies are fighting over the right to use a name historically known in the firearm industry in connection with gun silencer devices.

The case is being heard in a federal court in Minnesota. One of the companies has requested that the court cancel the registered trademark. The company's claim states that the original owner of the trademark went out of business and abandoned ownership, then fraudulently renewed ownership at a later date.

The company requesting the cancellation claims that software technology was used to alter documents in order to suggest a continued use of the trademark from the time the previous owner went out of business until a recent purchase of the trademark made by another company in 2014. It remains to be seen what the court will decide in this particular trademark law dispute. Any New Jersey business owner facing similar legal challenges can seek guidance from an experienced intellectual property law attorney in order to pursue a fair and just resolution to the problem.

Source: guns.com, "Legal dispute over 'Maxim' could cancel trademark", Daniel Terrill A, Jan. 25, 2016

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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