Eric W. Cernyar, Colorado Springs, CO

Practice Areas

Patent Matters
Trademark Matters
Copyright Matters
IP Agreements
Employee IP Issues
Trade Secrets
Unfair Competition
Patent Litigation
Other Litigation
Internet Law




Trademark Services in the Colorado Springs Area

Experienced Representation on Trademark Matters

»   Prepare, file, and prosecute trademark applications.
»   File and conduct trademark oppositions and cancellations
»   Prepare trademark licenses and assignments
»   Trademark infringement and unfair competition litigation
»   Evaluate trademark and trade dress validity, infringement, and dilution issues
»   Counsel on fair and nominative use issues, comparative advertising, and initial interest confusion issues
»   Counsel on quality control programs, gray market goods, naked assignments, trademark maintenance programs, and abandonment issues
»   Counsel on internet domain name, meta tag, and search engine listing issues

Frequently Asked Questions

What is a trademark?

A trademark is a distinctive word, phrase, symbol, logo, design, image or some combination thereof, used to uniquely identify and distinguish one's goods or services from those of another.

How do I obtain rights in a trademark?

By using it in connection with the sale or provision of goods or services.  Even unregistered trademarks are entitled to some legal protection.

What are some of the benefits of federal trademark registration?

  • Nationwide protection and priority

  • Presumption of validity

  • Broader array of available damages remedies in federal court

  • Incontestable status after five years of continuous, uncontested use.

  • User of the ® symbol

  • Deterrence.

What kinds of marks are generally not entitled to protection?

  • Marks that the applicant never uses in commerce

  • Generic marks

  • Merely descriptive marks that have not, through prolonged or extensive use and publicity, acquired distinctiveness in the minds of consumers

  • Marks that customers are likely to confuse with other pre-established marks connected with the same or similar goods or services

  • Marks that are likely to dilute (blur or tarnish) a famous mark, whether or not the goods are related


Licensed by the Supreme Court of Colorado and the Supreme Court of Texas.
Admitted to practice in the Federal District Courts of Colorado, the Western, Eastern, and Southern Districts of Texas,
the Fifth and Federal Circuit Courts of Appeals, and the United States Supreme Court.
Also registered to practice before the United States Patent and Trademark Office

This web site is designed for general information only.
The information presented at this site should not be construed to be formal legal advice
or communications forming a lawyer-client relationship.


Website designed and approved by Eric W. Cernyar
© 2007 Eric W. Cernyar.