We regularly assist our clients with determining the availability of potential trademarks for both use and registration and with preparing, prosecuting and maintaining the registration of the trademarks they choose, in the United States, through the international trademark registration process (the Madrid Protocol) and in specified countries and regions throughout the world. Our counsel has expanded to include trademark strategies in view of Brexit.
Our targeted trademark practice areas, both in the U.S. and worldwide, include:
- Brand development and protection
- Preparation and prosecution of trademark applications and maintenance of trademark registrations
- Trademark application and registration defense
- Challenges to the registrability of third-party trademarks
- Litigation and alternative dispute resolution of trademark infringement disputes
We understand that sometimes parties, before coming to us, may not have taken the most prudent steps to protect their valuable brands. In such cases, our trademark attorneys understand the full arsenal of legal options and administrative and judicial forums that can be brought to bear to, nonetheless, secure ongoing protection of those marks. This may include targeted litigation where, for example, notwithstanding failure to register the marks or extended delays in stopping third-party misuse of their registered marks, we have employed local, rather than federal, law to end third-parties’ use of confusing marks in our clients’ markets.
- We have offered creative brand protection strategies for companies within the emerging CBD and hemp industry facing uphill battles to protect their brands on the federal level.
- We have successfully defended our clients’ trademark rights and challenged infringing third party trademarks before the U.S. Trademark Trial and Appeal Board and before the European Union Intellectual Property Office (EUIPO).
- We have successfully brought actions in U.S. District Courts to stop third party use of marks confusingly similar to those of our clients.