Trademark Overview

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Firm attorneys provide a wide range of trademark protection and enforcement services for trademarks and service marks registered through the U.S. Trademark Office as well as trademark offices in other countries. Services include searching and clearance, application preparation and prosecution, opinion, and enforcement and defense services.

Trademark Searching

The firm has access to computer databases which allow searching of both state and federally registered trademarks. Also available are a wide variety of databases containing directory information and news articles allowing clients to ascertain whether a given mark is already in use. The firm also engages trademark searching companies that perform comprehensive domestic and international trademark search reports.

Registrability Opinions

Firm attorneys render opinions on the prospective registrability of trademarks and service marks in the U.S. Trademark Office and trademark offices in other countries so that clients can make an informed decision as to whether to adopt a mark and file an application for registration.

Trademark Validity and
Infringement Opinions

Attorneys in the firm render opinions regarding the infringement of trademarks and the validity of existing registrations.

Trademark Registration

Trademarks can be registered both in the U.S. Trademark Office and in the individual states. The firm prepares such applications and handles them through issuance. Attorneys respond to Office Actions issued by the Trademark Office, and handle appeals before the Trademark Trial and Appeal Board and the Court of Appeals for the Federal Circuit. Trademarks can be protected in other countries and firm attorneys engage associates as required to assist with registration and protection.

Opposition and Cancellation Proceedings

As part of their practice before the Trademark Office, firm attorneys handle oppositions filed against applications for federal registration, and petitions requesting the cancellation of existing federal registrations.

Litigation Regarding Trademarks

Firm attorneys participate in the litigation of trademark and unfair competition claims. Unfair competition and deceptive trade practice claims often arise in connection with trademark infringement claims and can be asserted together.

Licensing and Assignment

Firm attorneys also handle the licensing and assignment of trademark rights and registrations.

Trademark Facts

A "famous mark" - one that is widely recognized by the general public as a destination of the source of the goods or services of the mark's owner - is subject to a high legvel of protection under special federal statutes.