Our attorneys routinely assist clients to protect, and maintain the protection of their valuable trademarks in the United States and, with assistance from foreign counsel, worldwide.

Domestic Trademark Protection

We have considerable experience with the filing and prosecution of trademark applications in the United States. We routinely prosecute trademark applications and provide our clients with strategic advice concerning the trademark prosecution process. We also assist our clients with selection and clearance of trademarks prior to filing with the United States Patent and Trademark Office. In many cases, we have partnered with our clients to act as their in-house trademark counsel, as appropriate.

We have assisted clients with both targeted product clearances and also clearances that encompass a broad spectrum. We have prepared opinions that provide guidance to our clients developing new products.

In connection with this service, we also assist with patent monitoring to apprise clients of newly issued patents that might be of interest or concern.

International Trademark Prosecution

In other contexts, specific patents are the focus of a client’s concerns. These types of concerns may come up, for example, when a client receives a request to enter into a licensing arrangement or when a client receives a cease and desist letter.

Here, an evaluation of the validity, enforceability and infringement of the patent rights is more important, typically, because patent infringement litigation is (or may become) a real possibility. Opinions of this type may be desired, for example, to defend against a charge of willful infringement in patent litigation.

As noted above, we are also familiar with, and have prepared, opinions in the context of other intellectual property rights, such as trademark rights and/or design patent rights.

Post Issuance Experience

Our experience with trademarks does not end when the trademark is registered. Regularly, we are asked to assist clients to file Opposition and Cancellation Proceedings against trademarks in the United States. Moreover, we have considerable experience with defending trademarks, should a third party oppose or seek to cancel a client’s trademark registration.

We also stand ready to assist clients to investigate trademark use in the United States, should a client believe that their trademark rights are being impinged upon. We have close relationships with firms that specialize in investigating trademark use in the United States, should circumstances warrant such an investigation.