The U.S. Trademark Process

Our services cover all aspects of trademark protection and enforcement. This includes cease and desist letters, negotiation of settlement and coexistence agreements, infringement litigation, opposition/cancellation proceedings before the Trademark Trial and Appeal Board, licensing, domain name dispute resolutions and more. We also handle matters such as trade dress, trade secrets, customs seizures, unfair competition and false advertising.

Clearance Searches

Before filing a trademark application in the United States, a search is conducted to ensure the proposed mark is not already claimed. There are two levels of searching.

Screening Search – First, an in-house screening search identifies identical marks registered at the state or federal level.

Comprehensive Search – This second level identifies registered non-identical, but similar, word and design marks as well as marks that are being used but are not registered at a state or the federal trademark office. Although not required, a comprehensive search is strongly recommended. By identifying anyone using a similar unregistered mark who may have rights superior to your own, you can avoid being sued for infringement or a cancellation request after your registration issues.

Registration

Trademark registration is vital to the protection of your mark. It increases security against infringement, and can provide leverage in business negotiations. Registration can also facilitate licensing, franchising and transfer of ownership. Often a registered trademark provides potential investors the security they need to commit capital to a growing company.

Registration can increase the dollar value of your business because a registered mark it becomes a quantifiable asset of the business. Expenses associated with advertising and promoting a mark translates to increased sales and greater worth of the company. Because a registered trademark is recognized as security interest, it may be mortgaged, pledged or otherwise hypothecated. Another advantage comes at tax time when a trademark that is registered receives preferential treatment under the Internal Revenue Code for trademark license fees and royalties.