Trademark

Your company brand, your competitive identity in the marketplace is one of the most valuable business assets. Our lawyers position companies for competitive strength and protect brands with experienced trademark counsel.

We manage numerous trademark filings and registrations in 150 countries and advise clients in all aspects of brand portfolio development and protection strategies, including:

Trademarks, Service Marks, and Advertising

• Selection, clearance, registration, and protection of trademarks and service marks both in the United States and in international jurisdictions
• Negotiation and drafting of trademark and service mark application, acquisition, clearances, and licensing agreements
• Conducting due diligence and drafting and negotiating intellectual property provision for commercial transactions involving trademarks and other intellectual property assets
• Acquiring trademark rights or negotiating licenses or co-existence agreements
• Recording of registered marks in the ICANN Trademark Clearinghouse to secure Sunrise eligibility
• Advising clients on the legalities related to advertising and marketing practices

Trademark Litigation

Our trademark litigation practice begins with working with clients to identify possible infringement claims or liability at the clearance stage before any disputes arise. We counsel clients on enforcement programs, taking into account the importance of the mark, the commercial and conceptual strength of the mark, trade dress design, color and packaging, domain name, and licensing protections. We take a practical and adaptable approach to possible litigation, selecting the best forum for the case, based on the facts and circumstances. Representation includes:

• Litigation of trademark, service mark, and trade dress infringement and anti-counterfeiting actions in state and federal courts and proceedings before the USPTO Trademark Trial and Appeal board
• Litigation of trademark and trade dress infringement and anti-counterfeiting claims in state and federal courts, civil courts and administrative tribunals
• Representation in inter partes and ex parte opposition, cancellation, and appeal proceedings before the USPTO Trademark Trial and Appeal board
• Representation in domain name disputes, including under ICANN's Uniform Dispute Resolution/Uniform Rapid Suspension policies
• Counseling clients on internet domain name and website issues, including gTLD expansion and recording registered marks in ICANN’s Trademark Clearinghouse to secure Sunrise eligibility and protect against third-party registration of infringing domain names
• Evaluating damages and injunctive relief through temporary restraining orders (TROs), cease and desist letters, declarative relief actions, and preliminary and permanent injunctions

Click here for a list of resources for non-US trademark applicants.