Trademarks
Trademark Availability Search/Opinion
The first step of the process is to conduct a trademark
availability search. We have access to a trademark search
database that encompasses both registered and pending
trademarks from the United States, and around the world. We
will review your trademark in light of the existing
trademarks, which enable us to render an opinion on whether or not
we believe your trademark can be registered. While a trademark
availability search is not a required step, we believe it is a
valuable one, and highly recommend it.
Trademark Application (word, word/design, logo, color, trade
dress)
a trademark application can be filed for a word, a word combined
with a design/logo, a design/logo by itself, a color scheme,
trade dress, and distinctive sounds. A trademark application
can either be filed as a use-based application (if the trademark is
currently being used in interstate commerce) or as an
intent-to-use application (if the applicant has a bona fide
intent to use the trademark in the future).
Madrid Protocol
The Madrid system for the international registration of marks
(the Madrid system) established in 1891 functions under the
Madrid Agreement (1891), and the Madrid Protocol (1989). It is
administered by the International Bureau of WIPO located in Geneva,
Switzerland. The Madrid system offers a trademark owner the
possibility to have his trademark protected in several
countries by filing one application directly with his own national
or regional trademark office. A registered international mark
is equivalent to a registration of the same mark in each
of the countries designated by the applicant. If the trademark
office of a designated country does not refuse protection
within a specified period, the protection of the mark is the same
as if it had been registered by that Office.
International Trademark
In order to protect a trademark outside the United States,
trademark applications should be filed in the relevant
countries around the world. We have connections with colleagues
in most countries around the world in order to aid in the
filing of foreign trademark applications.
U.S. filing from outside the U.S.
Our firm is well situated to aid non-U.S. counsel in filing
applications in the U.S., either directly from non-U.S.
applications, or through the Madrid Protocol. We are interested
in establishing reciprocal relationships with non-U.S.
firms.
Infringement/non-infringement opinion
Trademark infringement occurs when a third party uses another's
trademark (or a confusingly similar variation thereof) that
leads to confusion or the likelihood of confusion amongst the
relevant consumer group. We can analyze a trademark situation to
determine whether or not there is a likelihood of confusion.
Trademark infringement also encompasses Lanham Act violations,
passing off, dilution, blurring, tarnishment, and unfair
competition.
Litigation
Our litigation practice focuses on the protection of our
client's intellectual property rights, and includes patents,
trademarks, trade secrets, unfair competition, copyrights,
and Internet and domain name disputes. We represent both
companies and individuals, and both plaintiffs and
defendants.