Trademarks
Intellectual Property and Technology | TrademarkOur Trademark practice helps clients build, protect, and enforce brand rights through strategic registration, portfolio management, licensing, and litigation.
Overview
Building and Protecting Brand Value
Trademarks are often a company's most valuable assets, embodying reputation, quality, and customer relationships. MC Law's Trademark practice helps clients build, protect, and leverage trademark portfolios that support brand strategy and business objectives.
Trademark Clearance and Registration
Effective trademark protection starts before adoption. We conduct comprehensive clearance searches, advise on adoption risks, and develop registration strategies.
Portfolio Management
Trademark portfolios require ongoing attention. We manage renewal deadlines, use declarations, and maintenance requirements.
Enforcement and Protection
Brand protection requires vigilance and action. We monitor for infringing use, send cease and desist letters, file oppositions and cancellation proceedings, and pursue litigation when necessary.
Our Services
intellectual_property_and_technology
Federal registration and validity opinions
copyright
Federal registration and validity opinions
general_ip
Federal registration and validity opinions
trademark_litigation
Federal registration and validity opinions
internet
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Registration provides nationwide priority, presumption of validity, ability to sue in federal court, enhanced damages, customs recordation, and the ® symbol. Registration significantly strengthens protection.
USPTO examination typically takes 8-12 months. Oppositions or refusals extend the timeline. Intent-to-use applications require additional time after approval.
Distinctive marks are strongest—coined words, arbitrary terms applied to unrelated goods, or suggestive marks. Descriptive marks are weak; generic terms cannot function as trademarks.
Failure to police can weaken rights. However, enforcement should be strategic—focus on uses causing confusion or dilution. Not every minor use requires action.
Trademark rights are territorial. The Madrid Protocol simplifies international filing. We develop strategies based on business priorities and budget.
Coexistence agreements allow parties with similar marks to both operate within defined boundaries, specifying territories, product categories, or other limitations to minimize confusion.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
