While an Applicant-Owner can rely on Common Law rights to safeguard their brand, this protection will be limited to the geographical area (e.g., city, state, or collection of states) in which the company operates and uses that name. Filing an early federal trademark application with the USPTO is a significantly safer and, long term, cost-effective approach should a savvy competitor decide to steal your brand.
With years of experience, we simulate the trademark Examining Attorney’s thought process in brainstorming several variations for each mark, running several searches at no additional cost as Examiners will first consider existing marks that are identical. From there, searches are performed for trademarks that are similar in appearance, sound and commercial connotation, including our expert legal analysis and client consultation with every search. This often includes strategic business advice and recommendations prior to filing the trademark application.
Our firm has experience representing small, large, and startup companies file trademark applications over their band names and logos. Typically, whether a client wants a search or not (searching is almost always recommended), our attorneys perform a preliminary search to make sure a given trademark is not immediately identified as being confusingly similar with a registered one. This saves all companies time and money from the start.
Trademark Litigation and Amazon take-down Letters
Once the mark has been approved for registration, we handle maintenance filings and renewals upon request. Ultimately, policing of trademark infringement and enforcement of rights is the trademark owner’s responsibility. Upon detection of a target, we’ll write powerful cease and desist letters on the owner’s behalf, following up with legal action if necessary or negotiating favorable settlement, including potentially – lucrative licensing deals. We’ll also file and defend inter partes TTAB disputes, namely, Opposition and Cancellation proceedings. Finally, we’ll file and defend against Amazon seller claims as an area of TM practice that has been steadily increasing in importance.