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How to Use a Trademark Lawyer

How to Use a Trademark Lawyer

By John DiGiacomo

Brand management is crucial to the success of businesses in this internet, social media, and influencer age. While the term “brand” is a bit broader and free-flowing, at heart “branding,” is about “trademarking.” When managing your brands and trademarks, you need your marketing staff, but it is just as important to have experienced trademark lawyers like those at Revision Legal. Call us at 231-714-0100 or 855-473-8474. To oversimplify, if you think of a brand/trademark as a high-end luxury sports automobile, your trademarking legal team keeps your car in good repair, well-tuned, and purring. At the same time, the marketing staff gets the vehicle where it needs to go.

Legal protection for the trademarks

The most complex tasks provided by a trademark law firm involve legally protecting the trademarks. These tasks involve legal services like:

  • Ensuring proper registration of trademarks at state, federal, and international levels
  • Keeping the registrations current and in good standing
  • Policing errant and infringing use of the trademark by competitors and others — this includes sending infringement warnings, takedown notices, policing use of infringing URLs and domain names, checking trademark applications for potentially infringing new trademarks, etc.
  • Engaging in Opposition proceedings before registration agencies where needed
  • Auditing use of trademarks by licensees and franchisees
  • Keeping trademarks current with US Border Patrol and other agencies tasked with preventing piracy and counterfeiting
  • Civil trademark infringement litigation — both offensively to prevent infringement and defensively to protect your brands against claims of infringement and from being challenged/canceled

Turning trademarks into revenue streams and profit centers

Through licensing and franchise relationships, brands/trademarks can generate substantial revenue streams and can become large profit centers for any company. Your trademark legal team accomplishes this through negotiating license agreements (and franchise contracts where desired and/or applicable). Licensing is a way to extend your trademarks into new product markets and can be reciprocal. Consider a branded tasty cookie being cross-licensed with a tasty branded ice cream. Can be a win-win for both companies. These types of agreements are legally complex and your trademark attorneys must know what they are doing to ensure the agreements are solid and enforceable and do not endanger your trademarks/brands. Likewise, there are a myriad of State and federal laws that come into play, particularly when engaged in franchise arrangements.

Cashing out and/or collateralizing trademarks

Successful trademarks are, in themselves, valuable business assets. As such, like any other assets, they can be bought, sold, and/or used as collateral for lender financing. Purchase/sale agreements are another set of complex legal documents that must be drafted and executed properly under the supervision of your trademark attorneys. For example, with registered trademarks, a sale/assignment of a trademark does not become valid and legally binding until notices are filed with the relevant registration authorities (like the US Patent and Trademark Office).

Collateralization agreements are likewise legally complex whether the financing is coming from a traditional bank source or from an investor.

Contact the Trademark Attorneys at Revision Legal

For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

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