Trademark Protection

There are three steps to protecting your trademark: prosecute, utilize, litigate.  Prosecution refers to the process of getting your trademark registered with state or federal authorities.  Registration with the United States Patent & Trademark Office (USPTO) takes over a year, involves a substantive review of your trademark application, and may involve legal briefing and even a specialized lawsuit called an opposition.  After registration, trademarks must be maintained through renewals and other filings with the USPTO.

Utilization often involves licensing a trademark.  Brand owners frequently use their trademarks for their own ends, but collaboration among entities often presents its own benefits.  Drafting and negotiating a satisfactory licensing agreement could mean the difference between a healthy collaboration and a loss of one’s trademark rights altogether.

Litigation involves enforcing or defending your trademark rights before a tribunal.  This could involve policing the trademark rights you own to make sure others do not use your mark without permission.  It also involves defending your rights to use your trademark, or other marks, in ways that are legally permissible.  To the extent your trademark rights cross paths with another form of property, like domain names, trademark litigation my involve those other forms of property, too.

View our trademark services to the left.  We can help protect your brand every step of the way.