Trademarks

Protect Your Brand

Whether you are in the early stages of starting your business or an established enterprise, making sure you own the rights to your name is critically important to the long term success and growth of your brand. A registered trademark gives you the protection you need to succeed.

Is your brand properly protected?

Do you ever worry that you are picking the wrong name? Or that the name you have picked is already in use by someone else? We work with businesses and branding agencies to help you pick the perfect name. Throughout the process of developing your brand identity, we can provide initial knockout and comprehensive clearance searches couple with legal opinion letters that will give you peace of mind that you won’t run into legal trouble later.

Picking the Right Name

Once you have picked the perfect name, we can help you file your trademark applications quickly and easily. We will work with you to determine the proper legal basis for your application, collect the appropriate specimens to prove your use of the trademark, and insure you have listed the proper classes and descriptions to give you the broadest possible protection. We are available to speak with and counsel you throughout the process, and our no-nonsense flat-fee pricing will give you peace of mind that you aren’t being nickel and dimed along the way.

Trademark Registration

While unfortunate, it is a fact of life that roughly 50-60% of all trademark applications will receive some form of office action, also known as a preliminary denial or a request for clarification or additional information regarding your application. If and when this happens, we will quickly and efficiently develop a legal strategy for how best to respond.

Responses to Office Actions

Are you running into problems with an existing trademark application and aren’t sure what to do? We work with many entrepreneurs who chose to either self-file, use a low-cost filing service, or just aren’t happy with the responsiveness of their initial trademark lawyer. We are happy to review and discuss your pending application, including any unresolved office actions to let you know how best to proceed. But beware that the time periods to respond are short - you only have 3 months to reply to an outstanding office action.

Existing Trademark Applications

Statements of Use &
Amendments to Allege Use

Many businesses want to make sure their trademark rights are protected, even before they have started selling products in the marketplace. Whether you are considering launching a new brand or even a new line of products, you may want to make sure you have secured the naming rights to your business or brand before you bring it to market. This is where an “intent to use” trademark application comes in. You can secure the naming rights to your new venture for up to 3 years, and then file the proper documentation with the USPTO once you begin using your new trademark in commerce. We can help you file these documents. Whether you need to amend your application to allege use of your trademark in commerce or file a statement of use after you have received a notice of allowance from the USPTO, we are here to help you.

Obtaining your trademarks is only the first step of the process of building a successful brand. To keep your trademarks, you must properly use them in commerce. This means keeping ownership of the trademarks up-to-date, making sure you don’t miss any renewal deadlines, and proper use of the ™ and ® symbols in connection with your marks. We will review all of your trademarks to any potential legal issues or outstanding filing requirements and develop a comprehensive plan to help you maintain your valuable intellectual property.

Trademark Portfolio Management

One of the easiest ways to deplete the value of your trademarks is to fail to monitor their use in the marketplace. With our USPTO Trademark Watch Service, we will monitor the United States Trademark Office for new trademark applications that could cause a likelihood of confusion with your trademark. In addition, we can conduct regular common law searches to find other instances where someone may be infringing on your intellectual property. If and when an issue arises, we will advise you of your legal options and the costs involved so that you can make an informed decision about how best to respond.

Monitoring Your Trademarks

Nobody wants to end up in a dispute or (God-forbid) a courtroom regarding their intellectual property. Notwithstanding, there are times where a simple phone call or friendly email won’t stop unscrupulous businesses or individuals from infringing on your trademark rights. In these unfortunate situations, we can help you to develop a strategy for how best to proceed. And it is not always someone else who is infringing on your trademark rights - you may have received a cease and desist letter (or worse) that you must respond to.

Either way, don’t let a small problem become a big problem. The sooner you deal with an potential infringer or resolve a notice you have received, the sooner you can get back to focusing on what really matters - building your brand.

We can assist you with the following matters: Drafting or responding to cease-and-desist letters, letters of protest, opposition and cancellation proceedings, TTAB appeals, state and federal litigation, and drafting settlement, coexistence and licensing agreements.

Trademark Disputes

Contact Us

Let us know what you are looking for from your legal counsel. We will reach out to you with a link to schedule a call. You may also call us directly at (919) 460-5422.

Locations

Our main office is located in Raleigh, North Carolina, but we work with clients across the United States.

5540 Centerview Drive, Suite 204
Raleigh, North Carolina 27606
Phone: (919) 460-5422