A trademark serves as a source identifier, representing the company or individual behind the mark. Trademarks are typically a word, phrase, symbol, or design that helps consumers recognize a product or service in the marketplace – distinguishing a company from its competitors. The expanse of the internet and globalization also make it more important than ever to actively protect your trademarks. Both raise the risk that another business already has or will adopt a similar mark, leading to consumer confusion.
Registering your trademark provides numerous advantages that can be critical to stopping infringement, obtaining damages, establishing a claim of prior rights in a domain name over a squatter, obtaining the assistance of website operators to remove listings for infringing goods, and enlisting the services of U.S. Customs to prevent the importation of counterfeit goods.
Registering a trademark may seem relatively straightforward, but there are pitfalls for the unwary. Issues such as correctly identifying the applicant, how to describe the goods or services, whether to register the words alone or a logo version of a mark, and what constitutes use in commerce can appear simple. But when done incorrectly, these things can add to the cost of registering a mark, increase the likelihood that registration will be refused, or result in the registration being invalidated if ever challenged.
How we help
The attorneys at Avek IP work alongside our clients to develop strong trademark protection. Relying on our considerable experience in searching, registering, and litigating trademarks in a wide variety of industries, we can assist you in effectively and efficiently registering and managing your trademark portfolio. And once a trademark has been established, our attorneys support our clients by enforcing their trademark rights against unauthorized use by third parties.
Our trademark services include:
- Trademark clearance and registration
- International trademark registration
- Trademark infringement litigation
- Opposition, cancelation, and concurrent use proceedings
- Trademark licenses, assignments, and agreements
- Due diligence reviews of trademark portfolios
- Trademark monitoring for competitors’ trademark registrations and applications
Examples of recent experience
- Registered hundreds of trademarks with the United States Patent and Trademark Office
- Represented companies in opposition proceedings before the United States Patent and Trademark Office
- Worked with foreign associates to register trademarks around the world
- Managed large portfolios of trademarks, including household brands
- Drafted numerous trademark assignment and license agreements
- Worked with companies and opposing counsel to execute coexistence agreements
- Audited use of trademarks to identify and protect trademarks and address potential infringement issues
- Enforced trademark rights by sending cease and desist letters to third parties using trademarks without authorization; achieved objective
- Represented company accused of trademark infringement by a competing retailer; achieved settlement
Need help with your trademark issues?
Our attorneys are experienced at handling trademark matters, from registering a trademark to infringement. Contact us for a free consultation.