Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

The Basics Of How To Perform A Trademark Search

John Wilson • October 1, 2019

Increase Your Odds of Trademark Registration With A Trademark Search

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Always make sure your mark can be registered before filing for trademark protection. To do this, use the United States Patent and Trademark Office (USPTO) to make sure your mark meets the requirements for registration. Also make sure that you research to see if any individual has already registered something similar to your mark. The trademark office makes it easy to search for marks on its trademark website. You can start your search by using the Trademark Electronic Search System (TESS).

What Is The Goal Of A Trademark Search?

The goal of a trademark search is to knockout all marks for which there exist an identical or highly similar mark. You do not want to file a mark which looks like someones trademark. Further, you must assess the risk of a likelihood of confusion rejection by a trademark examiner in reviewing your trademark application. A trademark search covers not only the wording in a word mark, but the descriptive elements of a graphic mark. You can also hire third parties to do a reverse graphic search to determine similarities of graphic marks based on appearance alone. Our Dallas trademark attorneys can assist you in trademark searches and overcoming examiner rejections to trademark registration. 

What Types of Trademarks Can Be Searched?

There are three different types of trademarks, and the searching efforts may be different depending on your type of mark.  For instance, standard character marks are straightforward whereas graphic marks may require you to search design descriptions of a mark rather than the words of a mark alone.  The design elements of a graphical mark are most often described in words as a part of an original trademark application (e.g. triangle, circle, concentric circles, arrows, trapezoidal, etc.) So, whereas a word mark search will use similar or related words for searching similar marks, a graphic mark search will use structural descriptions or symbols for searching purposes. The three different types of trademarks are as follows:
  • Standard Character Marks. This mark format allows the owner to use this trademark in any style or drawing, such as words, letters, numbers, or combinations, regardless of specific fonts or formatting. This is the utmost form of protection for a mark. If this is your type of mark, all you will need to do is simply type letters of the words or phrases.
  • Graphic or Special Character Marks: These mark formats are designed for protecting trademarks that have specific fonts or formatting, such as a logo, symbol, color, or particular font. If this is your type of mark, you will need to provide a drawing of your mark that accurately depicts your elements of design.
  • Sound Marks: A sound mark includes audio sounds such as a lion’s roar for MGM or the introduction of entertainment and motion picture films for Twentieth Century Fox. If this is your type of mark, you must submit an audio clip of the sound.
Searching For Common Law Marks Before Filing A Trademark Application

Importantly, do not overlook the “common law trademark” in your trademark searches. Common law trademarks are trademark that are never filed with the Federal trademark office but nevertheless provided limited protection in those geographic areas in which they are used. Trademarks are acquired by use, and many people use trademarks at common law that they never seek to federally register. A search for common law trademarks can include a search of Google, Bing or Yahoo, as well as searching corporate records and DBA filings of each state. You may never fully locate all similar common law uses of the mark you wish to federally register; however, the following are good places to start looking for common law marks:
  • Internet Materials: Searching the Internet for similar marks on search engines such as Google and Bing can give you a quick understanding of what is out there; 
  • Newspapers & Periodicals: National newspapers, magazines, financial articles, and other similar publications can help you discover individuals of who are using similar marks;
  • State Trademark Registries: Each state has their own trademark registries which should be searched for similar marks; 
  • Federal & State Court Cases: U.S. Federal court cases and state law cases, as well as the federal and state registries, may indicate marks which are in use; and
  • Governmental & County Business Filings: Corporate filings, such as incorporation or DBAs, can be an important source of information when determining common law trademark usage. 
What Are Distinctive, Arbitrary and Generic Trademarks?

Importantly, if you find that your mark is not already registered and is not otherwise in use by someone at common law, then your new “inherently distinctive” mark has the best chance of becoming federally registered with the trademark office on the principle register. Inherently distinctive marks include suggestive, fanciful and arbitrary marks. Examples of these include brand names like EXXON and SPANDEX, which were made up for the purpose of functioning as trademarks and have no formal meaning in the common English language. Marks that are arbitrary (e.g. APPLE for computers) or suggestive (e.g. MICROSOFT for software) can also qualify as trademarks. However, words that merely describe the nature or quality of the goods or services sold with the mark are not permitted to be registered (e.g. HOT CHOCOLATE for a hot chocolate beverages). A mark that describes the actual product being sold cannot function as a trademark. 

For more information on trademark registration please see our firm's Trademark Registration page.

A woman wearing black and yellow boxing gloves is standing in a gym.
By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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By John Wilson January 23, 2025
Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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