Trademark Registration
Intellectual Property and Technology | TrademarkWe handle trademark clearance, prosecution, and registration before the USPTO and international trademark offices, building strong brand protection.
Overview
Building Strong Brand Protection Through Registration
Trademark registration transforms common law rights into powerful federal protection. Our Trademark Registration practice helps clients secure registrations that provide nationwide priority, presumption of validity, and enhanced remedies against infringers.
Clearance Searches
Effective trademark protection begins with comprehensive clearance. Before adopting marks, we conduct federal, state, and common law searches identifying potential conflicts. We analyze search results assessing adoption and registration risk. Thorough clearance prevents costly rebranding and infringement claims.
Mark Selection Counseling
Strong marks receive stronger protection. We advise clients on trademark selection, evaluating distinctiveness along the spectrum from generic to fanciful. We help clients choose marks that are legally strong and commercially effective, avoiding marks too descriptive for protection or too similar to existing registrations.
USPTO Prosecution
We prepare and file trademark applications strategically. We draft goods and services descriptions appropriately, select proper filing bases, and manage specimen requirements. When office actions issue, we respond effectively—overcoming refusals through arguments, amendments, and evidence. We navigate examination to achieve registration.
International Filing Strategy
Global brands need global protection. We develop international filing strategies using the Madrid Protocol for efficient multi-country filing or direct national applications where appropriate. We coordinate with foreign counsel and manage international prosecution to secure protection in key markets worldwide.
Portfolio Development
Effective protection often requires multiple registrations. We develop trademark portfolios covering core marks, product lines, taglines, and design elements. We advise on filing priorities and portfolio architecture that provides comprehensive brand protection within budget constraints.
Maintenance and Renewal
Registrations require ongoing attention. We track maintenance deadlines, file required declarations of use, and manage renewals. We ensure registrations remain in force throughout their useful life and advise when registrations may no longer warrant maintenance costs.
Our Services
trademark
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
trademark_enforcement
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. It significantly strengthens brand protection.
USPTO examination typically takes 8-12 months to initial determination. If no oppositions are filed, registration follows shortly after. The total process usually takes 12-18 months.
Marks must be distinctive and not confusingly similar to existing marks. Descriptive marks may require proof of acquired distinctiveness. Generic terms cannot be registered.
Yes, always. Clearance searches identify potential conflicts before you invest in branding. Discovering conflicts after launch is far more costly.
Intent-to-use applications allow filing before using the mark in commerce. This establishes an early priority date while you prepare for launch. Actual use is required before registration.
The Madrid Protocol provides efficient filing in 120+ countries through a single application. We develop strategies based on your business priorities and budget.
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
