Trademark Services
Trademarks are a valuable business asset and can help build brands and business. Marks help create an impression on consumers and work as source identifiers for products and services. Therefore, ensuring trademarks are protected, maintained, and enforced is important for businesses seeking to stand out apart from the competition. Our trademark attorneys provide U.S., as well as worldwide trademark portfolio management services.
Our trademark attorneys work closely with clients to apply creative and custom solutions best suited to their specific business goals and trademark needs.
Industry-Focused Business Solutions
While we provide trademark solutions to a wide range of industries, we have significant experience helping clients in the retail, technology, sporting goods/outdoor goods, fashion, e-commerce, health technology, energy, consumer products, real estate developers, luxury brands, cosmetics, and software industries.
See our Solutions page for more information on the trademark industry solutions we provide as well as case studies.
Solutions
Our trademark law clients receive the full range of the firm’s services: litigation, intellectual property, transactional, and international law.
Our trademark attorneys offer comprehensive trademark and brand development services including:
See our Trademark Registration Process for an overview of the trademark process from a search through registration of a trademark. See also our Trademark Cost & Pricing Options for a discussion of how much a trademark costs and how we bill for our services.
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Additional Information on Our Trademark Legal Services
Trademark Management
A successful trademark management program is critical to the success of a business and its corporate brand. We recognize that trademark management and brand protection involves more than simply prosecuting discrete trademark applications. Our attorneys work closely with clients to develop brand strategies. Additionally, we help create marketing messages that exploit existing goodwill in the marketplace. As part of our services we help clients maximize the value and growth of their trademarks and brands.
Trade Dress
Trade dress is a subcategory of trademark law. It refers to the overall image (look and feel) of a product or service that identifies its source and distinguishes it from those of others. Trade dress protection applies to product packaging, design, or configuration of goods. For services, trade dress protection applies to the “total visual image” such as a restaurant’s décor, menu, layout, and style of service. A company’s trade dress can be extremely valuable by distinguishing its goods/services from competitors and attracting customers to its brand. Our IP attorneys work closely with clients to identify solutions that will help grow and protect their brand.
Trademark Oppositions and Cancellations
A comprehensive trademark portfolio management strategy not only includes securing rights through registration. It also requires a well-designed enforcement program, including use of oppositions and cancellation for optimal brand protection. Our services include monitoring registration activities of third parties and taking necessary action through trademark cancellation and opposition proceedings. Through enforcement and opposition & cancellation programs we ensure continued protection of trademarks and brands.
Trademark Protection Services
Trademarks are used to identify and distinguish the goods and services of one party from those of another. Companies invest significant resources to establish recognized trademarks and brands that create enduring and widespread demand for their goods and services. A company’s trademarks therefore provide tremendous value for building a strong business identity and setting it apart from the competition. So, it is important that trademark owners include trademark protection programs in their trademark management plans. Our trademark services include strategic approaches aligned with our client’s business goals.
Trademark Licensing
Some of a business’s most valuable assets are its trademarks and brands. Licensing arrangement can provide brand owners with increased brand awareness and help generate significant income. Our trademark attorneys help clients formulate, implement, and execute worldwide trademark/brand optimization and protection strategies through customized services. We assist trademark owners/licensors, as well as licensees, in structuring licensing arrangements to leverage valuable trademarks and brands and secure their competitive advantage.
Trademark Infringement Defense
Receiving a trademark cease and desist letter can be unsettling. The letter claims prior trademark rights and demands you stop use of a mark the company believes it has exclusive right to. A response that is swift and appropriate cannot be underestimated. As part of our services, we provide infringement defense strategies and negotiate settlements, in addition to litigation.
Trademark Registration
A company’s trademarks are the DNA that make up its identity and set it apart from the competition. As such, proper protection of a company’s trademarks requires focused and proactive measures. Trademark registration is an integral part of such measures. However, the trademark registration process can be extensive and complex, and it requires attention even after the initial trademark registration. Our trademark services include registration and maintenance of large trademark portfolios, domestic and internationally.
Right of Publicity Trademark Service
Although no federal right of publicity exists, per se, many states have right of publicity laws. Publicity laws regulate how one can use the name, likeness, photograph, mannerisms or other recognizable aspects of another’s persona for commercial gain. This right allows both celebrities and non-celebrities alike to protect against the unauthorized commercial use of their image, etc. Additionally, it allows individuals the ability to retain control of the way that they purpose their image.
Trademark Portfolio Enforcement
After a trademark’s registration, there should be continuous enforcement of the mark to prevent infringement or cancellation of rights. Companies’ IP portfolios are continually at risk of being co-opted for others’ purposes, and registration doesn’t necessarily prevent them from committing infringement. Trademark portfolio enforcement is important to prevent loss of rights in a trademark. Therefore, our trademark team offers various trademark portfolio enforcement programs customized to our client business strategies and goals.
Anti-Counterfeiting Enforcement and trademark Piracy Protection
Counterfeit goods cause billions of dollars of losses each year to brand owners. Often, the more successful a brand, product, or service becomes, the more it is targeted by counterfeiters. In addition to direct monetary losses, trademark counterfeiting can lead to harm to reputation and goodwill, which can be difficult to repair. Therefore, a company’s reputation hinges on its ability to protect its brand from misuse through counterfeiting or piracy. We have a dedicated enforcement team that handles anti-counterfeiting and piracy issues.
Cybersquatting Trademark Service
Cybersquatting is the act of registering, trafficking, or using an Internet domain name in bad faith. Usually, it’s registration with the intent to profit from the goodwill generated from the trademark of another. Cybersquatters generally rely on generating profits from the sale of domains to trademark owners at an inflated price. Cybersquatters may also register domains that are not identical to the trademark in question, but are similar enough in spelling to persuade the trademark owner that acquisition of that domain is necessary as well. This practice is known as typosquatting. We handle cybersquatting disputes, sending C&Ds, and litigating or filing UDRPs as necessary.
UDRP Domain Name Proceedings
Uniform domain-name dispute-resolution policy (UDRP) proceedings are legal actions brought for resolution of disputes regarding the registration of domain names. UDRP is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) and is a common method used in the resolution of disputes over domain names. We also often handle domain disputes involving trademark infringement. We successfully handle UDRPs and also litigate domain disputes.
Trademark Indemnity and Indemnification Agreements
A trademark indemnification agreement or indemnity clause can provide significant protection to a party entering into a commercial transaction or contract involving trademark rights. Therefore, such agreements/clauses are important to help limit the risk and liability of a party should certain issues arise. Our trademark services include review as well as drafting of agreements to include indemnification.
Trademark Registration Process
The trademark registration process can be difficult without prosecution of a knowledgeable trademark attorney. Often, companies file their own applications and get Office Actions with issues that need to be addressed. When companies seek advice of a trademark attorney after filing, expenses occur that could have been avoided at the outset. In addition, some issues can’t be fixed requiring refilling of applications. And more concerning is when a third party has prior rights and you’ve already spent money on signage and the application. Our trademark services include all steps from trademark clearance to registration, as well as to enforcement and maintenance of registrations.
Pricing Options
Trademark prosecution and portfolio management can get expensive. We understand businesses have to budget for their intellectual property expenses. Therefore, we offer flexible trademark pricing options to choose from to best fit your specific needs. From hourly to flat fee, as well as some combinations, you have options.
In addition to trademark services and counseling, our IP and business attorneys provide legal advice and assistance in all areas of intellectual property and business law, including trademark litigation and enforcement of trademark rights.