Chris Stewart Law - Intellectual Property, Computer Law Amarillo Lubbock Texas

Law Office of
Chris Stewart, P.C.

301 S. Polk, Suite 700
Amarillo, Texas. 79101

direct: 806.322.1251
fax: 806.322.1252
email us

Attorney Chris Stewart

In our trademark law practice, we do the following:

Advise clients on the availability of proposed trademarks;
Negotiate and draft trademark licenses, transfers of ownership and royalty agreements;
Monitor registered and pending trademark applications and trademark usage of third-parties;
Prosecute state, federal and international trademark applications;
Prosecute and defend matters before the Trademark Trial and Appeal Board;
Prepare appropriate documents for recording security interests in trademarks;
Litigate trademark disputes

A trademark or service mark identifies the source of a product or service. Trademarks distinguish one product or service from another. Words, symbols, logos, slogans, colors, product designs, sounds and scents can serve as trademarks. It is estimated that the average person is exposed to 1,500 trademarks a day. In the course of a day, you may see the Golden Arches, hear the slogan “What's in yourwallet?” and eat at the “Home of the Whopper.” These are all examples of trademarks. A trademark is an important marketing tool because it allows a business to distinguish its products and services from those of its competitors.

Selecting a trademark is just the first step in securing trademark rights. A trademark search can help determine whether the proposed trademark is already protected or in use by someone else. Federal trademark registrations can be searched at the website of the U.S. Patent and Trademark Office. Searches may also be conducted by examining materials from relevant industry resources such as trade directories and trade magazines. Internet search engines are also helpful resources for trademark research. Searches conducted by reliable commercial vendors provide the most thorough trademark searches. As a general rule, the more exhaustive the search, the more assurance you have that a mark is available.

A trademark must be used in connection with sales of goods or services prior to registration. Trademark rights arise from use of the mark on goods or packaging or in connection with the services offered. The trademark should be included on all advertising materials promoting the product or service. If a party has not yet used a trademark, but intends to use it, federal law allows the party to file an intent-to-use application to reserve the mark until it is used.

Because trademarks are so valuable in the marketplace, you should consistently protect and enforce your mark. If you don't protect your mark, you may lose it to a competitor or dilute its effectiveness. Many businesses that have spent years building goodwill in their products and trademarks lose their investment because they did not take action when they discovered an infringing mark. Once you have a trademark, your work is not done. You must protect and use it to continue reaping its benefits.

Reported Cases:

Spectrum Vision Systems, Inc. v. Spectera, Inc., 35 F. Supp. 2d 797 (D. Kan. 1998)

Publications:

Intellectual Property Resources on the Internet, National Business Institute, Amarillo, Texas, October 27, 2008
Intellectual Property and Internet Law for Businesses, Process Equipment Manufacturers’ Association Annual Meeting, Tucson, Arizona, February 28-March 4, 2007
Trademark Owners Take Note: Google Enters the Dictionary, Amarillo Business Journal, August 1, 2006
Making Money the New-Fashioned Way: Intellectual Property Essentials for Design Professionals: Patents, Trademarks, Copyrights and Trade Secrets, Legal Issues for Texas Engineers and Construction Professionals, Lubbock, Texas, May 18, 2006

Blogs:

One Team – Six Names, September 17, 2008
Trademarks and Politics, April 24, 2008
Can You Really “Register a Trademark in Minutes”?, February 21, 2008

Speeches:

Intellectual Property 101 (or Copyright Stories with Chris)
Amarillo College
Amarillo, Texas, October 2, 2008
Patents, Copyrights & Intellectual Property
Small Business Development Center Seminar
Amarillo, Texas, April 22, 2008
The Law of Internet Marketing
Amarillo Advertising Federation
Amarillo, Texas, March 12, 2008
Introduction to Intellectual Property
Amarillo College
Amarillo, Texas, February 21, 2008
Six Steps to Massive Business Results
Amarillo, Texas, January 9, 2008
Introduction to Intellectual Property
Amarillo College
Amarillo, Texas, October 4, 2007
Protecting Intellectual Property and Proprietary Interests
FastTrac NewVenture Program
Amarillo, Texas, October 2, 2007
Trademark and Copyright Issues in Advertising and Public Relations
McCormick Advertising
Amarillo, Texas, April 27, 2007
Fortifying Your Intellectual Property-Patents, Trademarks, Trade Secrets and Copyrights
2007 Annual Meeting of the Process Equipment Manufacturer's Association
Tucson, Arizona, March 1-2, 2007
Intellectual Property and Internet Law for Businesses
Process Equipment Manufacturers’ Association Annual Meeting
Tucson, Arizona, February 28-March 4, 2007
Introduction to Intellectual Property
Amarillo College
Amarillo, Texas, February 22, 2007
Fortifying Your Intellectual Property-Patents, Trademarks, Trade Secrets and Copyrights
2006 Equipment Manufacturer's Conference
Orlando, Florida, November 3, 2006
Making Money the New-Fashioned Way: Intellectual Property Essentials for Design Professionals: Patents, Trademarks, Copyrights and Trade Secrets
Legal Issues for Texas Engineers and Construction Professionals
Lubbock, Texas, May 18, 2006
From Averill Paints to “Osama Yo’ Mama!”: Trademarks and Popular Culture
Texas Panhandle Association of Legal Assistants Luncheon
Amarillo, Texas, November 15, 2001