Find Lawyers in Maine, United States for Trademark Law
Practice Area Overview
A mark is deemed protectable if it is distinctive, meaning that it is capable of identifying the source of a particular good. In determining whether a mark is distinctive, trademark law uses four separate classifications based on the relationship between the mark and the associated product: (1) arbitrary or fanciful (marks such as KODAK® and APPLE® that bear no inherent relationship to their associated products); (2) suggestive (marks such as COPPERTONE® that evoke a characteristic of the associated products); (3) descriptive (marks such as HOLIDAY INN® that directly describe a characteristic or feature of the associated products); or (4) generic (terms that describe the general category of the associated products, e.g., “phone,” “keyboard,” etc.). The first two categories of marks are protectable without proof that they have acquired distinctiveness in the minds of consumers, while descriptive marks require evidence that the consuming public has come to associate the term with its specific source. Generic terms are never protectable as trademarks, as they are necessary for general identification of a particular product category.
Once a trademark owner has acquired protectable rights in a mark, it may enforce its rights by preventing the use and/or registration of all subsequent infringing marks. The standard for infringement in the United States is “likelihood of confusion,” which means that consumers viewing the respective marks on their associated products are likely to be confused as to the source of those products or as to the sponsorship or approval of such products. In other words, determining infringement is not as simple as merely comparing the marks to see if they are identical; rather, courts will employ a multifactor test. While the precise factors vary slightly by jurisdiction, courts generally consider the following elements: (1) the strength of the plaintiff’s mark; (2) the relatedness of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of care exercised by the typical purchaser; (7) the defendant’s intent; and (8) the likelihood of expansion of the product lines.
Protecting and enforcing trademarks is critical to the success of any company. Trademarks allow consumers to distinguish a company’s products and services from those of its competitors, and also serve as indicators of the quality of such products and services. Indeed, many companies’ trademark portfolios constitute the majority of the value of their businesses. Please consult with an experienced trademark lawyer to explore how to best to protect your company’s trademarks.
Peter Guffin is chair of Pierce Atwood’s Privacy & Data Security practice. A long-time partner and now of counsel at the firm, Peter focuses his practice in the areas of information privacy and cybersecurity law, drawing on his extensive experience in the areas of intellectual property, the internet, and information technology. Peter regularly advises clients with respect to regulatory compliance issues, risk management, governance, and data security incidents, including internal fo...
Bob Mittel is the senior member of the firm. Following two years of service in the Army during the late 1960’s, he practiced with Pine Tree Legal Assistance until 1976, devoting the majority of his efforts to welfare and civil rights litigation in both state and federal courts. Since 1977, the majority of his work has been in the fields of intellectual property, compliance & defense work for debt collectors, and business and probate litigation. Bob has argued cases in a variety of s...
Dick’s litigation and appellate practice focuses primarily on business and commercial disputes, employment law, education law, and civil rights cases that are typically resolved in federal court. He frequently appears in the U.S. District Courts for the Districts of Maine and New Hampshire and in the U.S. Court of Appeals for the First Circuit. Dick devotes a significant portion of his practice to the representation of individuals with disabilities and their families, often in cases ari...
Kasey Boucher Pierter focuses her practice on intellectual property, advertising and unfair competition laws, and technology transactions . In this rapidly evolving landscape, Kasey provides clients with current, practical expertise by staying up to date on the latest developments in technology and their potential legal implications in relation to social media, AI, and more.
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