SEARCH/SELECTION
The trademark search is the critical first step to secure your trademark. You intend to invest significant resources in your brand, so getting it right at the beginning matters. Our knockout searches give you the information you need to assess the chances of a successful registration and use of your trademark without legal challenge from others. The search also helps us prepare your APPLICATION FOR REGISTRATION.
APPLICATION FOR REGISTRATION
Federal registration of your trademark provides you with a powerful tool to protect your brand. A federal registration gives you a nationwide legal presumption of use for your mark in connection with your goods or services. Registration also gives you additional ways to bring legal action against those who may infringe. We draft and file your application with the U.S. Patent and Trademark Office to maximize your brand's protection and minimize obstacles that may prevent registration of your mark.
OFFICE ACTIONS
While many Applications for Registration move quickly through the U.S. Patent and Trademark Office, others may be subject to an Office Action. Office Actions may request a simple technical amendment or may contain an outright refusal to register your trademark. Without filing a proper response, your mark will not proceed to registration. We review your Office Action, and prepare a response in an effort to overcome the PTO Examiner's objection and allow your Application to move forward.
OPPOSITION & CANCELLATION PROCEEDINGS
You may receive a Notice of Opposition while your Application for Registration is pending or receive a Petition to Cancel for your registered mark. If you do not defend these third-party actions, they will likely block your pending application and/or cancel your existing registration. We respond to Opposition and Cancellation Proceedings, defend these actions and push to negotiate a settlement with the third-party to preserve your registration rights when possible. We also initiate these proceedings on your behalf to challenge a third-party's registration or pending application that may threaten your trademark rights.
CEASE & DESIST
You may receive a letter claiming you have infringed on another trademark owner's rights. Failure to respond or take action may place you at risk of significant monetary damages and loss of your trademark rights. We investigate and evaluate possible claims and respond, through negotiation or litigation, to help you resolve the issue and preserve your trademark rights.
LITIGATION/ENFORCEMENT OF RIGHTS
You may be subject to a court action, claiming trademark infringement, or you may discover that another has infringed on your rights. We push to negotiate and settle disputes where possible. Where necessary, we prosecute and defend litigation in federal and state court, and retain local/additional counsel when appropriate. We also prepare "take down" notices where appropriate, to help enforce your trademark rights.
MONITOR EXISTING MARKS
As a holder of a federal registration, failure to notify potential infringers of your mark can result in the dilution or loss of your trademark rights. Our trademark monitoring service protects your rights, watching the USPTO for potentially infringing applications. Our service also monitors relevant commercial markets for possible infringement so that you can preserve and enforce your trademark. We also review your own use of your trademark to ensure its proper use to maintain your trademark rights.
RENEWALS & MAINTENANCE
Your trademark registration must be maintained periodically with the U.S. Patent and Trademark Office. An initial maintenance filing is required between the fifth and sixth year following the initial date of registration, and renewal filings are required at the tenth year and then every ten years following. If you fail to file the required maintenance or renewal filing, your federal registration will be cancelled. Following five years of continuous use of your trademark, you may also file a declaration of incontestability, which strengthens your trademark rights by making it more difficult for others to challenge your registration. We prepare and file your maintenance and renewal filings to keep your registration in force.
INTERNATIONAL PROTECTION
A U.S. registration protects your mark in the United States only. As your business expands — selling abroad, manufacturing overseas, or licensing internationally — your trademark protection should expand with it. We file international applications through the Madrid Protocol, administered by the World Intellectual Property Organization, which allows a U.S. application or registration to serve as the basis for protection in more than 100 member countries through a single filing. Where the Madrid system isn't the right fit, we work with an established network of trusted foreign counsel to file directly, and we manage the follow-on work: refusals issued by national offices, foreign renewal deadlines, and coordination of local counsel in disputes.
Contact us for more information.
Use the form below to tell us about your trademark issue. You may also email or call us to make an appointment.