The firm works with trademark attorneys and law firms nationwide to help its clients enforce and defend their rights in various jurisdictions.

Trademark disputes are not always resolved in federal and state courts — the firm has represented trademark owners in administrative proceedings before the Trademark Trial and Appeal Board, such as cancellations and oppositions.

In a Trademark Trial and Appeal Board proceeding, the TTAB decides whether a mark is registrable based on to priority of use, likelihood of confusion, and genericness, among other issues. Our firm has helped its clients deal with these issues, all while working within budget.

In addition to District Court and TTAB proceedings, domain name and trademark owners may also determine ownership of domain names in UDRP proceedings (Uniform Domain Name Dispute Resolution Policy). In these proceedings, trademark and domain name owners must determine whether a domain name has been registered in bad faith, and whether either party has a right to use a particular web site address. These same factors can be addressed in court proceedings under the American Cybersquatting Protection Act, but UDRP proceedings can often offer a quicker decision for the parties.

Although litigation and administrative options are available, it is often better to try to settle disputes so that the parties can save time and money. We make every effort to resolve trademark and intellectual property problems as soon as possible. If negotiations fail, then litigation and administrative proceedings may be advisable. Of course, settlement talks can still occur during litigation, and sometimes mediation is available to help the parties work out a resolution.

It is extremely important to determine trademark rights prior to using a mark for a business name, slogan, product or service, or design. A trademark can be vulnerable to senior third party use, even if the trademark owner has been using the mark for months or years.