Branding & Advertising Law

A trademark protects brand identifiers such as business names, logos, and tag lines.

In the United States, trademark rights are earned by using a trademark in a particular geographic territory where you are the senior user and are not infringing on any other party's rights. A trademark owner can expand those rights by registering their trademark at the state or federal level. A federal trademark registration requires interstate commerce (selling goods and/or services across state lines) and grants certain exclusive nationwide rights to the owner. Having a federal registration can also be helpful when a trademark owner is enforcing their rights and attempting to stop infringers. Peele Law Group handles trademark searching and registration to safeguard your brand identity both domestically and with our foreign associates outside of the United States.

Copyright protects original creative works like writing, artwork, music, and software. Many businesses need both trademark and copyright protection to fully secure their intellectual property.

Yes—a comprehensive trademark search performed before launching a new trademark helps you avoid costly infringement disputes and confirms the likelihood that your new brand name is available to use and potentially register. Early research can help you avoid costly rebranding later, and protects your investment.

You register a trademark by filing an application with the U.S. Patent and Trademark Office (USPTO) that identifies your trademark, your dates of first use, and the goods or services you provide in connection with the trademark. Peele Law Group manages the entire trademark registration process for our clients.

Yes—you can protect your trademark internationally through the Madrid Protocol or by filing directly in the individual countries where you do business. Global trademark registration safeguards your brand as you expand into foreign markets. Peele Law Group works with colleagues worldwide to help secure trademark registration for our clients outside of the United States.

Trademark registration typically takes several months to more than a year, depending on USPTO processing times and whether office actions or oppositions arise. Working with a trademark attorney helps keep your application moving efficiently.

Yes, you can use TM (for trademark) and SM (for service mark) even if you do not have your trademark registered. They are optional. Note that in a dispute, you likely will not be able to claim that you were using your trademark as a normal word if you claim trademark rights by using these symbols.

Yes, if your trademark is registered with the USPTO. It is not mandatory, and if you use it, you do not need to use it every time your trademark appears in your materials.

Many trademark owners use the TM, SM and circle R notice symbols the first time they use their trademark in a particular document, rather than every time the trademark appears.

If another business uses a confusingly similar name or logo, document the use and consult Peele Law Group promptly to assess infringement and enforcement options. Acting early can help protect your trademark rights and brand reputation. Failing to act can ultimately cause a trademark owner to lose their rights in the brand.

Advertising claims, sweepstakes, and promotions must comply with FTC truth-in-advertising rules and state promotion laws, meaning claims must be truthful, substantiated, and not misleading. Peele Law Group provides advertising review and sweepstakes compliance counsel to keep your marketing legally sound.