Our Trademark Practice Areas

Building a brand takes significant investment, and protecting that investment matters for your business success. We work with businesses to establish and maintain effective trademark rights, helping safeguard your brand identity in today’s crowded marketplace. Our trademark services range from initial selection through enforcement, addressing the concerns many businesses face when developing their brand strategy.

Trademark Search and Clearance

“Can we use this name?” This fundamental question deserves careful consideration before investing in new branding. When requested, we conduct trademark searches to assess availability and evaluate the risk of potential conflicts. This important step helps identify existing marks that might create problems and informs your overall branding approach. We provide thorough reports and practical analysis to support your decision-making.

Trademark Registration

Having worked with hundreds of successful trademark applications, we understand how the USPTO examination process unfolds in real-world scenarios. We manage the entire trademark registration process, including:

  • Preparing and filing federal trademark applications with the USPTO that properly capture your brand elements
  • Responding to office actions and addressing USPTO refusals with practical solutions
  • Filing and managing international trademark registrations through the Madrid Protocol when needed

Throughout this process, we focus on balancing cost considerations with appropriate protection levels to help secure meaningful coverage for your valuable brand assets.

Trademark Portfolio Management

Registering trademarks is just the beginning. We assist with ongoing maintenance and protection:

  • Filing necessary post-registration documents to maintain your rights
  • Monitoring for potential infringements that could dilute your brand
  • Developing strategies for thoughtfully expanding your trademark portfolio
  • Advising on proper trademark usage practices to preserve your rights

Trademark Disputes and Litigation

When conflicts arise regarding your trademarks, having knowledgeable guidance helps navigate these situations. We protect your trademark rights by:

  • Responding to cease-and-desist letters with appropriate strategies
  • Representing clients in Trademark Trial and Appeal Board (TTAB) proceedings
  • Litigating trademark infringement cases in federal court when necessary
  • Addressing online infringement issues, including on platforms like Amazon, Etsy, and other marketplaces

Trademark Licensing and Transactions

Want to allow others to use your brand while maintaining control? We draft and negotiate trademark licensing agreements and related contracts that help you monetize your brand assets while preserving appropriate oversight of how your marks are used in the marketplace.

Our Practice Areas

All Practice Areas

Frequently Asked Questions

What is the difference between a common law trademark and a federally registered trademark?

A common law trademark arises automatically when used to promote goods or services, but it provides protection limited to the geographic area where the mark is used. A federally registered trademark, filed with the USPTO, provides nationwide protection, legal presumption of ownership, and the ability to use the ® symbol. Federal registration also serves as public notice of ownership.

How long does it take to register a trademark?

The trademark registration process typically takes about a year from filing to registration, assuming no significant issues arise. However, once registered, the rights apply retroactively to the date you filed your application.

What does it mean that a trademark must be “distinctive”?

“Distinctiveness” is a legal requirement for trademark protection. Courts categorize possible marks on a spectrum of distinctiveness, from generic (not protectable) to descriptive (sometimes protectable) to suggestive, arbitrary, or fanciful (always protectable). The more distinctive a trademark, the stronger the legal protection it receives.

Can I protect my business name as a trademark?

Your business name can serve as a trademark if it’s sufficiently distinctive and used in your business to identify the source of your goods or services. However, merely registering a business name with your state does not create trademark rights.

What should I do if someone is using a mark that is confusingly similar to mine?

If you believe someone is infringing your trademark rights, it’s best to act quickly but in a measured way. You want to protect your rights, but you also want to avoid an expensive legal fight unless it’s absolutely necessary. In many cases, the most cost-effective approach is to have a trademark attorney assess the situation and, if appropriate, send a cease-and-desist letter. That usually works, but if not, you may want to consider options for pursuing the matter in court (generally a last resort).