Attorney Services
Trademark Services
Adopting a New Trademark?
If you’re thinking about a new trademark, it’s better to contact me sooner rather than later. Why? Because identifiers that make sense from a marketing perspective often don’t work, legally, as trademarks.
Marketing folks want your mark to convey very clearly, to the consumer, exactly what it is you provide. That makes sense. The more descriptive your mark, though, the less likely it is to qualify for trademark protection.
I can be of greatest assistance when you involve me early in the process. I’ll work with you and your marketing people to help make sure you adopt a trademark that accomplishes both your business and your legal objectives.
Need to Protect Your Existing Marks?
Lots of business owners shrug it off with, “Meh. Why should I bother with a US trademark registration?” Here is my response. I’ve had clients throw obscene amounts of money at defending themselves in conflicts that never would have arisen, if only they’d held a registration. Trademark registration is just as much about defense, as it is offense.
How early is early?
Best case, a year before you intend to launch. Sometimes even that’s cutting it close — so plan ahead! If you don’t have that kind of time, though, don’t throw in the towel. Contact me anyway. Just don’t yell at me when things don’t go as smoothly as they might have, if you’d started earlier.
127,953
Number of times per day I tell people not to adopt a descriptive trademark
Outside the US?
If you are outside of the United States and preparing to do business here: I can help you secure US trademark protection.
Many clients from other countries use the Madrid Protocol to obtain an extension of trademark protection in the United States. There are many benefits to using this system. Often, however, the United States refuses Madrid applications because the US requires a much more detailed description of goods and services than do other nations. When foreign counsel call me in to help solve that problem, I can easily spend more time than it would have taken just to prepare and submit a “native” United States trademark application. So if you (or your clients) are seeking US registration, please be in touch. We can talk about which approach is likely to be more cost efficient, in your particular case.
Expanding to Other Countries?
If you are in the United States and preparing to do business in foreign countries: I can also help with that. In some cases, it will be appropriate to use your existing US registration as a springboard for registration in the countries of your choice, via the Madrid Protocol system. In other cases, it will be in your best interests to submit “native” applications in other countries. I can help you find and work with local counsel when necessary.
Who Are You?
I will consider working with you, if you agree and respect that a.) it’s not about “the form”; b.) your Google search was not enough; c.) your USPTO search was not enough; and d.) trademark law is way more complicated than you think it should be.
If your business frequently releases new products, I am a good choice to manage your trademark portfolio. I have plenty of references; just ask.
Got a Problem?
I represent clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
I do not represent clients in court. So if you’re being sued or you need to sue somebody in a trademark matter, I won’t be your litigation counsel. I will refer you to litigators with whom I have previously worked, and ideally I’ll participate as co-counsel. (Like everything else, trademark litigation takes a village!)
