Revision Legal’s trademark lawyers understand what it takes to create a valuable brand. Our expert trademark attorneys have aided clients from around the world in performing trademark clearances and availability assessments, in filing for United States and international trademark registrations, and in protecting their brands throughout the United States and abroad. Our lawyers have also represented both United States and international clients in trademark infringement lawsuits in federal courts around the country, as well as in front of international arbitration bodies such as the World Intellectual Property Organization, the National Arbitration Forum, and the South African Institute of Intellectual Property law.
Your brand is one of your most valuable business assets. It represents the reputation you have built, the goodwill your customers associate with your products or services, and the competitive advantage you have earned in the marketplace. A trademark lawyer helps you acquire, maintain, and enforce the legal rights that protect that brand from unauthorized use by competitors.
Many business owners attempt to handle trademark matters without an attorney, only to discover—often at significant cost—that they have made mistakes that are difficult or impossible to correct. Common problems include filing for a trademark that is too similar to an existing registered mark, selecting a mark that is not legally distinctive and therefore not registrable, failing to use the mark properly in commerce, or allowing a trademark to lapse through missed renewal deadlines. A trademark lawyer prevents these problems before they occur.
Before investing in a brand identity—developing a logo, printing packaging, building a website, or filing for trademark registration—you need to know whether the proposed mark is available. A trademark clearance search examines not only the USPTO’s TESS database of federally registered marks, but also state trademark registries, common law uses in commerce, domain name registrations, and social media profiles. A thorough clearance search identifies potential conflicts before they become legal problems.
The standard for trademark infringement is likelihood of confusion—whether consumers are likely to be confused about the source of goods or services bearing the two marks. Likelihood of confusion analysis considers the similarity of the marks in appearance, sound, and meaning; the similarity of the goods or services; the channels of commerce; and the sophistication of the relevant consumers. These factors are assessed under the DuPont factors framework established in In re E.I. DuPont de Nemours & Co., 476 F.2d 1357 (CCPA 1973). An experienced trademark lawyer applies this framework to evaluate whether a proposed mark creates an unacceptable risk of infringement before you invest in the brand.
Filing a trademark application with the United States Patent and Trademark Office is more complicated than it appears. The USPTO examining attorneys apply strict standards to trademark applications, and a poorly prepared application—whether it covers the wrong goods and services, uses incorrect specimens of use, or presents a mark that is descriptive or confusingly similar to an existing registration—will be rejected. Responding to USPTO Office Actions requires knowledge of trademark law and USPTO procedure that most business owners do not have.
Revision Legal’s trademark lawyers handle the entire registration process: preparing and filing the initial application, selecting the appropriate international class(es) and description of goods and services, responding to Office Actions, and monitoring the application through the publication and registration stages. We also file Section 8 and 15 declarations, Section 9 renewal applications, and other maintenance filings to keep registered trademarks in good standing.
For businesses operating in multiple countries, trademark protection must extend beyond the United States. International trademark registration can be pursued through the Madrid Protocol, which allows U.S. trademark owners to file a single international application designating up to 130 countries. Individual country applications may also be necessary, particularly for markets not covered by the Madrid System or where a local registration strategy is more effective.
Revision Legal has represented clients before the World Intellectual Property Organization (WIPO) in Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings and has coordinated international trademark registration strategies for clients with global brand protection needs. We work with a network of qualified foreign counsel in key markets to provide seamless international trademark services.
When a third party uses a confusingly similar mark in commerce, swift legal action is essential. Delay can result in the infringer building goodwill that complicates the legal landscape and may affect the remedies available. Trademark owners who fail to police their marks risk losing rights through abandonment or genericide.
Our trademark litigation attorneys pursue infringement claims in federal courts under the Lanham Act, 15 U.S.C. § 1051 et seq. Available remedies in a trademark infringement lawsuit include injunctive relief prohibiting continued use of the infringing mark, disgorgement of the infringer’s profits, actual damages, enhanced damages up to three times actual damages in exceptional cases, and attorney’s fees. In cases involving counterfeiting, the Lanham Act also provides for statutory damages between $1,000 and $2,000,000 per counterfeit mark per type of goods or services sold.
Contact Revision Legal’s trademark lawyers today for a consultation. Whether you are selecting a new brand, filing for registration, or facing an infringement dispute, we are ready to protect your brand.
Registering a trademark is only the first step. Trademark owners have an affirmative obligation to police their marks and take action against infringers. Failure to police a trademark can result in loss of rights through abandonment or, in extreme cases, genericide—where the mark becomes so associated with the general product category that it loses trademark significance. Trademark policing requires monitoring USPTO publications for applications by third parties that conflict with your registered marks, monitoring online marketplaces like Amazon and eBay for counterfeit or infringing products, and monitoring social media platforms for infringing account names or content.
Revision Legal offers trademark monitoring services that alert clients when potentially conflicting marks are published for opposition, when infringing uses are detected online, and when domain names incorporating protected marks are registered. When infringement is detected, we respond with the appropriate level of legal action—from a cease and desist letter to federal court litigation—to stop the infringement and protect the value of the client’s brand. A proactive approach to trademark policing is far less expensive than attempting to reclaim rights after they have been diluted or abandoned. Contact our trademark lawyers today to discuss a comprehensive trademark protection strategy for your brand.
Trademark protection extends beyond words and logos. Trade dress—the overall commercial image of a product or service, including its appearance, packaging, color scheme, and design—can also be registered and protected as a trademark if it is distinctive and non-functional. The Supreme Court recognized trade dress protection in Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992), holding that a restaurant’s distinctive decor and atmosphere could constitute protectable trade dress. Non-traditional marks such as distinctive color combinations, sounds, and even scents may also be protectable in some circumstances.
For businesses with distinctive product designs, store layouts, or packaging, trade dress registration provides a layer of protection beyond standard word and logo marks. Our trademark lawyers advise clients on trade dress protection strategies, evaluate whether a proposed trade dress is protectable, and pursue trade dress infringement claims when competitors copy a client’s distinctive commercial image. Contact us today to discuss the full range of trademark protection available for your brand.
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