In conversation with Host Kenneth Landau, they continued their discussion about Intellectual Property (IP) and, in this particular segment, focused on trademarks.
Harrington explained, A trademark would be a word, a design, or some kind of logo that you would use so consumers know that is your product.
Harrington further clarified that, unlike patents where you want to keep the idea a secret until you file your patent application, trademarks are different because the rights come from the use so you want to make that use as public as possible. You want consumers to associate that word or logo with the goods or services you are providing.
Harrington also emphasized some of the benefits of registering trademarks with the U.S. Patent and Trademark Office. He explained that trademark registration allows you to enforce anywhere in the country. It allows you to sue in federal court, which very often has advantages. It also identifies you as the owner [of the trademark].
Harrington also explained the standard for trademark infringement. He stated, even if the goods or the services are not exactly the same or the mark is not exactly the same, if they’re close enough so that consumers are going to start getting confused as to the source of those goods or services, then its a problem.
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ABOUT JAMES HARRINGTON:
James Harrington, Hoffmann and Baron, LLP, is the senior partner in the firm’s New York office. He brings extensive experience in various areas of intellectual property practice, including patent and trademark prosecution, patent and trademark litigation, post-grant proceedings, client counseling, opinion work, due diligence, and licensing. He is also highly experienced in managing the firms university and research-based clients. Prior to joining the firm in 1998, he spent five years as a trial attorney. He has lectured and participated in panel discussions on various topics of patent law relating to biotechnology.
He graduated with B.S. in Biology from Bucknell University, and earned his J.D. from Hofstra University School of Law, and an M.S. in Biology from Adelphi University.
ABOUT HOFFMANN & BARON, LLP:
Hoffmann & Baron is a full-service IP law firm specializing in all areas of intellectual property, both domestically and internationally. Their services include IP procurement as well as litigation, counseling, licensing, and post-grant proceedings. With an entrepreneurial spirit, not usually seen in the legal industry, the firm attracts world-class attorneys. For almost four decades, the practice has become known for its unparalleled ability to protect intellectual property and transform ideas into assets.
Hoffmann & Baron, LLP provides cost-effective intellectual property and business strategies tailored to individual client needs to enhance commercial outcomes. Efficiency, discipline and focus on our clients commercial success are the governing guides. Established in 1984 by co-founders Charles R. Hoffmann and Ronald J. Baron, the firm has offices in New York, New Jersey, and Washington, D.C. The firm is proud to serve clients around the globe in all scientific and engineering fields, from start-ups to Fortune 500 companies, as well as some of the most respected research institutions.
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