Trademarks and trade dress are used to protect the unique word, phrase, symbol, design, packaging, logo, brand, or a combination thereof, which distinguish your business, its goods and/or services from that of another. Depending on the legal strength and uniqueness of the mark, common law trademark rights may be acquired simply by using the mark in commerce. However, common law rights are limited based on the trademark owner’s geographic scope of use. Moreover, while an owner may possess common law rights, the enforceability and scope of a trademark is uncertain until the issue is decided in litigation. Federal registration with the USPTO allows a holder to establish nationwide ownership, priority, and a presumption of validity for a trademark. An applicant may also reserve a trademark that has not yet been used in commerce through an intent-to-use application. At Polson IP Law, we understand how valuable branding is for building goodwill and the loyalty of consumers. We work hard to provide the correct scope of protection for the identity of your business and to maintain those rights.
In assessing whether trademark protection is available for a particular mark, we examine the mark from both a legal and factual perspective. Legally, we determine whether the mark is eligible for trademark protection, meaning that it is not simply generic or overtly descriptive of the underlying goods and/or services. We will execute a search, upon request, to evaluate whether your mark falls within the scope of another’s trademark registration.
Not all trademarks are registrable, and not all registered trademarks are enforceable. We have extensive experience analyzing the validity of registered trademarks, and will help you evaluate options and cost-benefit in deciding whether to undertake action to invalidate a registration. Further discussion is offered below.
Once you have a registered trademark, we continue to take the necessary steps to keep your mark in good standing. However, the failure to assert a trademark may result in a subsequent loss of those rights, so we work with you to monitor and police activity related to the mark to safeguard against potential forfeiture.
If appropriate, we will fight for you to invalidate another registered trademark by instituting a cancellation proceeding before the USPTO. Additionally, if there is a pending application by a competitor which has not yet registered, we may file an opposition to the application and explain why trademark protection is unavailable, domestically and internationally. Likewise, we will vigorously defend your trademark registration or application to overcome any cancellations or oppositions filed against it.
Perhaps you have received an infringement warning letter or have become aware of a registered trademark, raising concerns that your brand may infringe another’s rights. We can help you make a decision on a path forward by comparing your allegedly-infringing activities against the trademark to analyze potential liability. Likewise, we can evaluate competitor activities for potential infringement of your trademark rights.
We have substantial experience drafting and prosecuting trademark applications from standard character marks to special design marks, like logos, and even trade dress. Moreover, we are highly familiar with foreign trademark laws and protection. At Polson IP Law, international (Madrid) trademark applications are a core component of our practice that allows us to secure your priority filing date in other countries. We have an extensive network of trusted legal partners around the world available to assist in pursuing protection in individual foreign countries. We continue to oversee and manage the application process in each territory to reach the best available outcome.
We assess potential infringement and assert your trademark rights when necessary. Whether you want the other party to cease and desist or would like us to explore potential licensing opportunities, we do our best to assist in making your trademark investment work for you. We can review application publications and trademark registrations in order to maintain the scope of your rights.
Occasionally, a third party may operate a website using a confusingly similar domain to your name and brand. We can help protect your distinctiveness and goodwill by filing a domain name dispute with the appropriate registrar’s office, or, if necessary, come to your defense in disputes filed by opposing parties.
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