Best Trademark Lawyers in New Hampshire

About Trademark Law in New Hampshire, United States

Trademark law in New Hampshire protects words, phrases, symbols, designs, and combinations that distinguish goods or services of one party from those of others. The main goals of trademark law are to prevent consumer confusion, protect brand identity, and encourage fair competition. While most trademark protection is governed by federal law under the Lanham Act, New Hampshire offers additional state registration and enforcement for marks used in commerce within the state. This dual approach helps local businesses and individuals secure rights to their brands at both state and federal levels.

Why You May Need a Lawyer

Seeking legal help for trademarks can be important in taking proactive steps to secure and defend your brand, as well as to avoid costly legal mistakes. Common situations where you may need a lawyer include:

• Registering your trademark at the state and federal level
• Responding to cease-and-desist letters, infringement claims, or opposition proceedings
• Conducting comprehensive trademark searches to ensure your desired name or logo does not infringe on existing marks
• Enforcing your rights if someone is using your mark without permission
• Drafting or reviewing licensing agreements, assignment contracts, or other legal documents involving trademark rights
• Counseling on potential rebranding or logo changes due to legal risks
• Navigating complex matters involving both state and federal regulations

In any of these situations, a lawyer experienced in trademark law can provide essential guidance, help avoid common pitfalls, and ensure your interests are protected.

Local Laws Overview

Trademark law in New Hampshire is governed by both state and federal rules. Locally, the New Hampshire Secretary of State oversees the registration and maintenance of state trademarks under New Hampshire Revised Statutes Annotated (RSA) Chapter 350-A, known as the Trademark and Service Mark Registration Act. Key aspects of local trademark law include:

• Marks must be distinctive and not likely to cause confusion with existing registered marks.
• Registration in New Hampshire does not provide nationwide protection but grants exclusive rights within the state.
• State registration is more affordable and faster than federal registration but is limited in geographic scope.
• Registration can be renewed for 10-year periods.
• Remedies for infringement under state law include injunctive relief, actual damages, and, in some cases, recovery of profits or attorney’s fees.
• Federal registration is recommended for broader protection and enforcement rights.
• Ownership rights can also arise from actual, continuous use of a mark in commerce, even without registration (common law rights).

It is important to note that both state and federal laws may apply, so informed legal advice is essential when developing or enforcing a trademark in New Hampshire.

Frequently Asked Questions

What is a trademark?

A trademark is any word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services.

How do I register a trademark in New Hampshire?

You can register a trademark by submitting an application to the New Hampshire Secretary of State. The application requires information about the owner, the mark, and the goods or services with which it is used.

Is federal registration necessary if I already have a New Hampshire trademark?

Federal registration is not required, but it provides broader nationwide protection, legal presumptions, and additional enforcement tools that a state registration cannot offer.

How can I tell if my desired trademark is available?

You should conduct a thorough trademark search of state, federal, and common law sources to ensure your intended mark is not already in use or registered by someone else. An attorney can assist with this process.

What can I do if someone is using my registered trademark?

You may have legal grounds to demand that the infringer stop by sending a cease-and-desist letter. If necessary, you may enforce your rights through litigation in state or federal court.

How long does trademark protection last in New Hampshire?

A New Hampshire state trademark registration lasts ten years and can be renewed for additional ten-year terms, provided the mark is still in use.

What is the difference between state and federal trademark registration?

State registration protects your mark only within New Hampshire, while federal registration through the United States Patent and Trademark Office (USPTO) protects it across all states and provides additional benefits.

Can trademarks protect business names?

Yes, if the business name is used to identify and distinguish your products or services, it can qualify for trademark protection.

What happens if I do not register my trademark?

You might still have some rights based on actual use (common law), but these are more limited and more challenging to enforce, especially outside your immediate area of use.

Do I need to use the TM or ® symbol?

The “TM” symbol can be used with an unregistered trademark to indicate your claim of rights, while the “®” symbol can only be used after federal registration. Misuse of the “®” symbol is unlawful.

Additional Resources

Below are some useful resources and organizations related to trademarks in New Hampshire:

• New Hampshire Secretary of State - Corporation Division: Handles state trademark registrations and renewals.
• United States Patent and Trademark Office (USPTO): Responsible for federal trademark registration and information.
• New Hampshire Bar Association: Offers lawyer referral services and educational resources.
• Small Business Administration (SBA) New Hampshire District Office: Provides support for local businesses, including trademark basics.
• Local law libraries and business development centers: Offer guides and reference materials on intellectual property law.

Next Steps

If you believe you need legal assistance with trademark matters in New Hampshire, consider taking these steps:

• Document your use of the mark, including first use and continuous use in commerce.
• Gather samples of your mark as used on goods, services, marketing materials, and online presence.
• Consult with an attorney who specializes in intellectual property or trademark law to evaluate your case or application.
• Decide whether to pursue state or federal registration based on your business plans and geographic reach.
• Take prompt action if you receive a notice or believe your rights are being infringed.
• Stay informed about the maintenance requirements for your registration to ensure ongoing protection.

Engaging an attorney early in the process can help safeguard your brand, avoid legal complications, and position your business for growth. Consider reaching out to a qualified trademark lawyer in New Hampshire for tailored advice.