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Trademark law in Wisconsin protects distinctive signs, symbols, names, logos, and phrases used by businesses and individuals to identify their goods or services. The purpose of trademark law is to prevent confusion in the marketplace and secure the trademark owner's exclusive rights. In Wisconsin, trademarks can be protected under state law by registering with the Wisconsin Department of Financial Institutions or under federal law by registering with the United States Patent and Trademark Office. Even if not registered, some protection may be available through common law rights based on actual use in commerce within the state.
There are many situations where speaking with a trademark attorney is essential, including:
An experienced trademark lawyer can help safeguard your brand, avoid costly mistakes, and resolve disputes efficiently.
Wisconsin trademark law is mainly governed by Chapter 132 of the Wisconsin Statutes. The state registration process offers trademark protection within Wisconsin, which is separate from federal registration. To register a state trademark, an application must be filed with the Wisconsin Department of Financial Institutions and meet requirements such as distinctiveness and non-confusion with existing marks. The registration, if granted, lasts for ten years and is renewable as long as the trademark is still in use.
Wisconsin law also addresses penalties for counterfeiting and unauthorized use, providing remedies such as injunctive relief and damages. Businesses should also be aware of how common law rights apply based on usage, even in the absence of registration.
A trademark identifies goods, a service mark identifies services, and a tradename is the name under which a business operates. All can be protected under trademark law if they are distinctive.
No. While registration is not required to have some rights, registering provides additional legal protections and evidence of ownership within Wisconsin.
You must file an application with the Wisconsin Department of Financial Institutions, including a specimen showing the trademark in commercial use, and pay the required fee.
Yes. Federal registration gives nationwide protection, while state registration provides rights specific to Wisconsin. Many businesses pursue both for full coverage.
The process can take several weeks to a few months, depending on application completeness and any issues raised during review.
You may be able to send a cease-and-desist letter, negotiate a resolution, or take legal action for damages and to stop the infringement. A lawyer can guide you through these steps.
Wisconsin requires actual use of the mark in commerce for state registration. Federal law allows for an intent-to-use application, but not the state system.
State registrations last ten years and can be renewed by applying before expiration, showing continued use, and submitting the current fee.
Marks that are generic, merely descriptive, misleading, or likely to cause confusion with an existing mark cannot be registered. State rules also prohibit marks that may falsely imply a connection with persons or entities.
You are not required to hire a lawyer, but legal assistance helps ensure your application is correct and that your trademark is properly protected.
Consider these resources for more information on trademark law in Wisconsin:
These organizations can provide forms, guidance, and referrals to experienced attorneys as needed.
If you need legal advice regarding trademarks in Wisconsin, start by gathering all relevant documents, such as samples of your mark, business usage records, and any correspondence related to your trademark. Research attorneys or law firms with experience in trademark law, and schedule a consultation to discuss your specific situation. During the meeting, ask about the strengths and weaknesses of your mark, registration options, and estimated costs. Acting promptly to secure and defend your trademark is crucial to preserving your business rights and reputation.
