Trademark Protection

Have an idea for a mark?  But you don't know what makes a mark "strong?"  In trademark parlance "strength" equals distinctiveness.  The more distinguishable a mark is to a proposed customer pool, the easier it is to register it as a trademark.  In contrast, the USPTO often issues Section 2(e)(1) "descriptiveness" refusals if all the design elements in the application merely describe an aspect of your goods and services.

A strength report will offer design ideas for how to strengthen your proposed mark and analyze whether it meets the legal standard for a descriptiveness refusal. 

Ideally, a search of the federal and state trademark databases should be done before you commit to a mark for your new business, product, or services.  A "knock out" search is a quick search of the USPTO's TESS database and the publicly available search engines, suitable for the early stages of a business idea.  However, many overlook that the search should include a list of  phonetically similar or intentionally misspelled phrases.  

Let me help by generating a list of such analogous phrases to get you a more valuable knockout report.  

In contrast to a "knock out" search that probes the USPTO's TESS database and the public search engines, a comprehensive search will go further and also include a search of the World Intellectual Property Organization (WIPO) brand database and any relevant national/regional IP office databases and common law trademark databases.  This is often useful when building a brand with national or international reach.  The search will include a comprehensive list of phonetically similar or intentionally misspelled phrases to ensure broad search coverage.  

Are you ready to expand your business broadly and commit significant capital to a brand? Have you built your brand already but never registered?   A clearance analysis based on a comprehensive search can guide you forward.  

In a trademark infringement lawsuit, triple damages may be awarded if a plaintiff can show that the infringement was "willful."  A clearance opinion from counsel may be used as evidence against this.   Included is a comprehensive search for similar marks in your area of commerce and research of the most recent case law.  Based on the comprehensive search, the clearance opinion analyzes the grounds for registration of your mark at the USPTO and the risk of it facing an opposition or infringement action down the line.  

Ready to build your brand nationwide?  Starting a new business?  Federal registration of your trademark establishes a legal assumption of validity and ownership.  

Let me help you navigate the trademark prosecution process by becoming the attorney of record on your application to track and monitor your application's progress until registration. (Includes ''non-substantive" responses to office actions.)

Has a business entered your market with a potentially infringing mark?  Or have you yourself received a cease & desist letter?  If you're a potential plaintiff, a demand letter starts the "clock" on your damages or trigger a quick settlement.  If you're a potential defendant, generally, your options are: (1) respond if you have grounds to, (2) do nothing if they have no grounds, (3) negotiate a license, or (4) send your own letter to lay the groundwork for your own lawsuit.  

Let me walk you through the risks and help you determine the right move for your business.