Trademarks

Your trademarks represent the goodwill of your business.  Your use, development and protection of your organization’s marks are not merely the “cost of doing business”, but rather an investment in consumer goodwill, which eventually leads to greater customer satisfaction and higher sales.  In addition, trademarks are one of the few corporate assets that can last forever and continue to build in value.  Proper procurement, use, maintenance and enforcement of your organization’s marks are therefore vital to its continued growth and success. 

Consumers use trademarks to identify the source of particular products and/or services, and distinguish them from others.  Federal trademark registration in the United States provides many benefits, including a presumption of ownership of the mark and the exclusive rights to use the mark across the entire country, as well as the ability to claim triple damages for willful infringements.  Although certain organizations may operate internationally, there is no such thing as worldwide protection of a trademark.  It is important to formally register your marks in each country in which you plan on selling goods and/or providing services.  The first to register enjoy superior rights over all others in many countries, and while, most all countries recognize domestic trademark registrations, not all countries recognize common law rights.  As such, if a third party registers a similar mark, prior to your registration attempt, you may be prohibited from using your mark in certain international jurisdictions.

Our office represents clients in all aspects of trademark prosecution before the United States Patent and Trademark Office (USPTO) and around the world, including applications for registration, USPTO procedural, likelihood of confusion, descriptiveness and other refusals, maintenance filings, and conflict searches.  In addition, we have extensive experience and a proven successful record representing clients before the Trademark Trial and Appeal Board (TTAB) in appeals, opposition proceedings and cancellation proceedings.  We further represent clients in all stages of trademark infringement enforcement and defense matters, from investigations and the drafting of cease & desist letters, through litigation.  Our expertise in this nuanced area of law means that you can be confident you are receiving the most up-to-date and reliable legal advice.  Our intellectual property attorneys craft articulate arguments and implement smart tactics to place you in the most optimal position to succeed.

Don’t let a loss of your trademark, either from third party uses of confusingly similar terms, improper maintenance, improper use, or lack of timely registration in all jurisdictions, put your business at risk.  Losing your trademark can destroy your marketing and branding efforts, as well as the consumer goodwill you have spent valuable time and money developing.  Call our office and speak to one of our qualified attorneys to secure your rights today, so that your business is allowed continued growth and consumer market recognition each and every year. 

• Domestic & Int’l Trademark Applications for Registration

• USPTO Trademark Conflict Searches and Assessments

• USPTO Office Action Refusals

• Likelihood of Confusion / Descriptiveness Refusal Investigations and Response Briefs

• TTAB Appeals

• TTAB Opposition Proceedings

• TTAB Cancellation Proceedings

• Cease & Desist Letters

• Trademark Infringement and Unfair Competition Litigation (Enforcement / Defense)

• Customs & Border Control (CBP) Registration

• Domestic & Int’l Assignments

• Licensing Agreements

• Asset Purchase Agreements