Trademark Law

Every business has a company name, a brand name, or a name of a particular product or service. In order to properly protect your rights, all of these need to be trademarked at the state and federal level and in some cases the international level. After all, your trademark is your identity in the marketplace.

Proper Defense can efficiently and effectively perform a trademark availability search for you and help you successfully register your trademarks. In addition, we have represented our clients in trademark opposition and cancellation matters. Your business identity, product name, and goodwill may not be physical assets – but they are valuable assets that must be protected.

Selecting Your Trademarks

Selecting a good trademark can be a daunting process. Not only must it sound and look good, but it needs to be available for use and enforceable under the trademark laws. We have experience working with our clients by helping them navigate the trademark selection process and can assist with not only conducting and analyzing trademark searches but in determining whether your selected name, design, or logo is available.

Registering Your Trademarks

Determining the proper jurisdictions that your trademarks need to be registered in can be a daunting task. There is registration at the individual state level, the federal level, and even the international level. Many products are shipped internationally and thus require international trademark registration in each country in which it is shipped. Does all of this sound overwhelming? That is because it is. You can trust that Proper Defense will properly file your trademark applications in the appropriate jurisdictions and will see the applications through to completion of the registration process.

Protecting Your Trademarks

In today’s world, people like to attempt to steal the good ideas of others. After your trademark is successfully registered it must be monitored to prevent use by unauthorized third parties. If others are using your trademarks without your permission they may be harming your business’ reputation. We offer a trademark watch service that will quickly notify me of possible unauthorized use of your trademarks by others. In the event someone is infringing on your registered trademark, we will be notified in a timely manner and can either immediately send them a cease and desist letter or file an infringement lawsuit seeking a preliminary injunction to protect your rights.

In addition to stopping people from using your registered trademarks, we can file an opposition or cancellation proceedings with the United States Patent and Trademark Office to stop them from using a name, design, or logo that is similar to yours before they do.

Trademark Litigation

Unfortunately, there are times when a cease and desist letter is not enough and litigation is inevitable. In the event this happens to you, we can file an infringement lawsuit on your behalf in Federal and State Courts to prevent people from using your trademarks on similar products. Fortunately for you, our experience in the realm of litigation allows us to bring a vast amount of experience to the table and our hourly rates are much less than many other trademark attorneys. This allows us to effectively and efficiently litigate against trademark infringers on your behalf.

In addition to prosecuting infringement actions on your behalf, we can also defend your clients against trademark infringement lawsuits. We will analyze your case and develop a strategy to either invalidate your competitors’ claims, minimize your liabilities, win your case outright by proving non-infringement or facilitate a settlement negotiation between you and the plaintiff that will allow you to get back to doing what you do best: running your business.

Why You Should Hire an Experienced Trademark Attorney to File Your Trademark Application

We hear this all the time: “Well… I filed for my trademark myself because it didn’t seem like a lot of work and I didn’t feel it was worth the money to pay an attorney to do for me.” Usually, the next words out of the client’s mouth are something along the lines as to why they do not understand why their trademark application was denied.

A recent study found that having an experienced trademark attorney assist you in filing an application gives you an 83 percent chance at success, compared with just a 57 percent chance of success if you apply for the trademark on your own. There are many potential pitfalls that you will encounter when applying for trademark registration. Skimping on a few hundred dollars by not hiring an experienced trademark attorney to assist you with your application has a high likelihood that you will encounter problems down the road. Would you rather spend a few hundred now or tens of thousands later? This is one area of your business that you should not seek to save a few dollars on. Hire an experienced trademark attorney to help you register your mark.

Register Your Trademark Now For Peace of Mind Later

At Proper Defense, we strongly recommend that our clients make it a priority to seek trademark clearance and registration as quickly as possible. As your name, logo, or design grows in popularity and distribution, so too will your trademark rights in both value and importance. Securing your rights to your trademark early on will help you avoid a headache down the road. The services we provide include but are not limited to:

  • State, federal and international (Madrid) trademark registrations
  • Knockout services
  • Clearance opinions
  • Responding to Opposition Proceedings and USPTO Office Actions
  • Domain name disputes
  • Trademark license agreements

We have experience helping people and businesses to identify trademark opportunities and come up with a strategic plan to provide the most comprehensive protection available that fits within your budget and needs. In addition, we provide the vast majority of our trademark-related services on a flat fee manner and will be happy to provide you with an initial consultation that is free of charge and obligation.

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