How do I secure and enforce my trademark rights?

SUMMARY
TRADEMARK OPPOSITIONS
If someone else is trying to register a trademark that is similar to yours or your company’s, our attorneys can assist you in opposing the application before the U.S. Patent & Trademark Office’s Trademark Trial & Appeal Board (“TTAB”).
CEASE AND DESIST
In many cases, expensive and time-consuming enforcement efforts can be avoided by sending a demand letter to the infringer and working toward a favorable resolution informally. Our attorneys have extensive experience with these enforcement techniques and regularly achieve efficient, favorable outcomes through their use.
LITIGATION
When litigation is unavoidable, our attorneys have the experience and skills to head to court and engage in formal trademark disputes to ensure that your brand is safe and secure.
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WHAT YOU NEED TO KNOW
RIGHTS DON’T END AT REGISTRATION.
Trademark monitoring is an essential part of running a successful business brand. Whether you are a large organization or a small start-up, protecting your brand through all available legal avenues is crucial to ensuring long-term success.
WHEN INFRINGEMENT HAPPENS.
Trademark infringement occurs when an unauthorized entity uses a trademark or service mark that is identical or similar in a way that causes confusion or deception with competing goods or services.
CONSIDER TAKING ACTION
If you believe your trademark or service mark is being used deceptively, you should consider taking action to enforce your exclusive rights and protect your consumers. Sometimes it is difficult to discern whether a flagged use amounts to an infringement. Our job is to help you understand the nature and extent of your rights, and when it is mission-critical to take action to protect them.
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ALSO SEE

USPTO TRADEMARK

INTL. TRADEMARK

FREQUENTLY ASKED QUESTIONS

Do you have to defend your trademark?

Yes!  Trademark rights are premised on the fact that consumers need to know the difference between different entities selling products.  Therefore, if your mark loses its distinctive character, your rights will also be weakened.  It is critical to defend against infringing uses of your mark so that the public can confidently connect it to your goods and services.

How do you protect yourself from a trademark infringement?

The length of the process can vary. Once filed, an application is typically assigned to an Examining Attorney within approximately 3 months. If no conflicts are found and if no third-party protests or opposes the registration, then it is feasible for a registration to be issued 4-6 months after that. Therefore, at a minimum, the registration process will require 7-9 months, but it can require much more time (possibly years) if the Examining Attorney issues a refusal or if a third-party files an opposition to the application.

Why should I file an opposition to a trademark?

 If you acquiesce to infringing uses and registrations of your mark, the distinctiveness of your mark will weaken over time.  This affects brand value and also your ability to stop infringements down the line.  Therefore, it is imperative to keep the trademark register as free of confusingly similar marks as possible, often through the use of opposition proceedings.

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