Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Trademark law protects names, words, symbols, logos, sounds, or other identifiers that distinguish the goods or services of one entity from those of another. In Rhode Island, as in all states, trademarks play a crucial role for businesses by helping customers identify the source and quality of products and services. While the primary body of trademark law in the United States is federal, through the Lanham Act, Rhode Island enforces its own state-level trademark regulations as well. Registering a trademark within the state provides protection specifically within Rhode Island, while federal registration covers all states and offers additional benefits.
Many individuals and businesses find that they need a lawyer in matters involving trademarks. Common situations include choosing or clearing a name or logo, registering a trademark at the state or federal level, responding to opposition or infringement claims, enforcing your trademark rights, and defending against accusations of infringement. A lawyer can help determine if your mark is eligible for registration, navigate any conflicts, address cease and desist letters, and represent your interests in litigation. Even if your trademark issue seems simple, the process can involve unexpected complexities and legal nuances where experienced legal guidance will be beneficial.
Rhode Island trademark law is governed by the Rhode Island Trademark Act (General Laws Title 6, Chapter 6-2). This law sets requirements for the registration, renewal, assignment, and protection of trademarks at the state level. Registration with the Rhode Island Secretary of State gives notice to the public of your claim within the state and provides remedies for infringement under state law. However, state registration does not replace or override federal trademark rights. It is important to keep in mind that using a mark in commerce within Rhode Island may also qualify as establishing "common law" rights, but these are more limited and harder to enforce than registered marks.
A trademark is any word, name, symbol, device, or a combination used to identify and distinguish goods or services from those offered by others.
Registration is not required, but it grants additional legal advantages and makes it easier to enforce your rights. You can register with the Rhode Island Secretary of State, with the United States Patent and Trademark Office, or both.
State registration protects your mark within Rhode Island, while federal registration provides nationwide protection and additional remedies against infringement.
You must file an application with the Rhode Island Secretary of State, pay a filing fee, and provide a specimen illustrating the mark as it is used in commerce.
State trademark registrations in Rhode Island last five years. After that, they can be renewed for additional five-year periods.
If you discover unauthorised use, you can send a cease and desist letter and seek legal remedies. If necessary, you may file a lawsuit in state court for damages or injunctive relief.
Yes, Rhode Island recognises common law rights that arise from actual use of a mark in commerce, but these rights are limited in scope and are more difficult to enforce.
You can only use the ® symbol if your trademark is federally registered with the United States Patent and Trademark Office. For state or unregistered marks, the TM symbol for goods or SM for services should be used.
If your mark is likely to cause confusion with an existing trademark, your registration may be refused or you could be liable for infringement. Legal advice can help assess the risks and options available.
A trademark lawyer offers guidance on searching and selecting trademarks, handling registration, addressing disputes or infringement claims, and defending your rights efficiently in litigation or negotiation.
Rhode Island Secretary of State - Business Services Division: Handles state trademark applications, renewals, and maintains the public trademark records. United States Patent and Trademark Office (USPTO): Oversees federal trademark registrations, provides search tools, and educational resources. Rhode Island Bar Association: Can refer you to experienced intellectual property attorneys in Rhode Island. Small Business Administration (SBA) Rhode Island District Office: Offers resources for small business owners, including basics on trademarks. Legal Aid Organizations: Some provide free or reduced-cost legal help for qualifying individuals or small businesses seeking trademark guidance. Rhode Island State Library: May offer access to legal guides and additional trademark information tailored to local needs.
If you need help with a trademark issue in Rhode Island, start by gathering all relevant documents and information about your business or proposed mark. Consider performing a preliminary search to see if similar trademarks exist. Next, consult with a qualified trademark lawyer, ideally one with experience in Rhode Island and federal trademark law. Schedule a consultation to get advice tailored to your situation. Depending on your goals, your lawyer can help you with registration, enforcement, negotiation, or litigation. For those with limited means, investigate legal aid or pro bono resources in your area. Proper legal guidance early in the process can protect your business and save time and money in the long run.
