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Trademark law in Oklahoma City, like all of the United States, is governed by both federal and local state laws. Trademarks are used to protect brands, logos, names, or symbols associated with products and services. The primary aim of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc., that uniquely distinguishes the goods or services of a firm. Registering a trademark in Oklahoma City allows the owner to take legal action against anyone who infringes upon this right.
People may need a lawyer while registering a new trademark to ensure that the new mark does not infringe upon already registered ones and is eligible for registration. Lawyers may also prove beneficial in situations when a trademark has been infringed upon. They can guide and represent the concerned parties in legal proceedings. Lawyers further assist businesses in using their trademarks correctly to maintain their validity and strength, in licensing issues, or even selling their trademarks.
Oklahoma City follows the trademark laws defined under the Trademark Act of the Oklahoma Statutes. According to Title 78 of the Oklahoma Statutes, a mark must be in use before registering it. Registration lasts for ten years, with the opportunity to renew. Also noteworthy is that the Oklahoma law doesn't replace federal law; therefore, a trademark owner may enforce their rights under both federal and state laws. Irrespective of statewide registration, national registration provides broader protection, being recognized throughout the entire country.
Although registering your trademark isn't necessary, it can offer better legal protection and establish your rights to the mark. A registration will provide a legal presumption of ownership throughout Oklahoma.
Names, logos, taglines, certain distinctive colours, and even sounds representing a product or service can potentially be trademarked if they meet certain criteria.
A state trademark in Oklahoma lasts for 10 years but can be renewed indefinitely every 10 years as long as it is still in use.
The filing fee for a trademark application in Oklahoma is relatively low compared to other states, but professional fees will vary based on the extent of services rendered.
If your mark is infringed upon, you can file a lawsuit at either a federal or state court, depending on whether the trademark is federally or locally registered.
Potential resources include the United States Patent and Trademark Office (USPTO) for federal registration information, The Oklahoma Secretary of State's Office for state registration, and the Oklahoma Bar Association for lawyer referrals or legal guidance.
If you need legal assistance with trademarks in Oklahoma City, consider hiring a specialized trademark attorney. Legal professionals help navigate the complicated process, ensure your mark’s eligibility for registration, and can protect your rights if infringement occurs. Begin by researching good attorneys in Oklahoma, contacting the Oklahoma Bar Association for a referral, or meeting with a legal aid organization for initial advice.
