Trademark & Trade Dress
Are You Seeking to Protect Your Brand from Infringement?
Anyone legally offering goods or services in commerce potentially has valuable trademark rights. Whether their mark's potential is fulfilled depends upon a wide variety of factors, including but not limited to distinctiveness and exclusivity. Our team has the experience to guide you through the complexities of trademark law, regardless of whether you are seeking to establish a new brand or wish to protect and enforce an existing one.
Our experience protecting trademark rights has spanned across a wide range of industries, from aviation and food products, to fashion and online dating services. We have assisted clients at all stages of creating and protecting their brand—from search and registration to enforcement proceedings.
With respect to enforcement, regardless of whether you are a plaintiff or defendant, we approach each trademark litigation matter prepared to make a deep dive into the facts toward developing a well-informed strategy. We understand that, while lawsuits may be within our line of work, they distract you from yours and could even stall efforts to grow your brand. Therefore, we aim to provide you with not only an effective litigation strategy, but a pragmatic one as well.
We also take pride in helping clients develop a strategy for avoiding litigation threats to their brand, and our years of litigation experience have shown us that reducing risks to your brand starts with the selection of a strong mark. However, it does not end there. We also help you evaluate, through a search of the marketplace and state and federal records, whether your chosen mark (or alternative mark) is likely to achieve registration upon the Principal Register of trademarks at the USPTO or, in contrast, is likely to be rejected or opposed by others.
If you decide that the search and evaluation of your mark is promising, we will guide you through the process of applying for registration with the USPTO and respond to any issues raised by the examiner in response to your application, or in any opposition by others.
If your mark is registered, we offer services in support of your efforts to maintain and enforce your trademark, service mark or trade dress rights. From helping you navigate and comply with the USPTO’s maintenance requirements, to watching the marketplace for unauthorized uses of identical or confusingly similar marks. In other words, we help you stay vigilant against violations of your trademark rights, such as infringement, counterfeiting, bad faith registration of domain names incorporating your mark, and gray marketing of goods bearing your mark. If violations are found, we are able to address those violations—from pre-suit investigations through litigation and appeals.
If you are interested in monetizing your brand through licensing or are interested in licensing someone else’s brand, we would be pleased to help you through the negotiation and drafting process toward building provisions that offer protection for the licensed mark and your interests—whether you are the licensor or licensee.
In sum, we offer a wide-range of services aimed at the protection, enforcement, and even monetization of your trademark, service mark or trade dress assets. Thus, if you need assistance establishing or protecting your brand, get in touch with us to discuss the many ways in which we may help.
TYPES OF TRADEMARK & TRADE DRESS MATTERS:
- Search and counseling
Application, Registration & Maintenance
Licensing, Transfers, Acquisitions
Cease and desist correspondence and negotiations
Enforcement litigation; e.g., infringement, anti-counterfeiting, parallel imports/gray marketing, and domain name disputes