Trademark Litigation and Prosecution

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Trademarks consist of words and logos and also include trade (or package) dress, sounds, colors, product configurations, and scents

They are used to identify the origin of goods and services. Trademarks benefit our market economy by allowing the merchant or manufacturer to build a reputation in the relevant market and allow consumers to more efficiently make decisions in the market.

Trademarks are an essential component of a company's intellectual property and must be protected from misappropriation and misuse to retain source recognition and consumer confidence in the goods and services that they designate. Diligence must be exercised in identifying and dealing with infringers and in the way in which one uses one's trademarks in order to avoid legal abandonment or dilution.

The issue of protection of trademarks in the context of the Internet has greatly complicated the problem of procuring and protecting trademarks

Domain name issues raise complex questions for the trademark owner. William Lovin & Associates advises clients on a broad range of legal issues including infringement, fair use, and the use of trademarks in HTML metatags, e-commerce issues, website and system operator liability, defamation, privacy violations, and other issues associated with doing business on the Internet.

Services Offered

We work with our clients to devise effective strategies, from assessing the need for trademark protection through defending patents in court. Our trademark practice covers all areas of trademark law, including:

  • Clear proposed trademarks and service marks by searching state, federal, and foreign registers.
  • Render opinions on registrability and infringement.
  • Assess intellectual property valuations in the context of a public offering or in the acquisition of intellectual property.
  • Prepare and prosecute registration applications.
  • Protect and register names and marks on the Internet.
  • Prepare assignments and other transactions.
  • Pursue and defend PTO opposition and cancellation proceedings.
  • Petitions and protests.
  • Handle foreign protection and compliance with the TRIPS, GATT, and other treaties.
  • Pursue and defend trademark, trade dress, unfair competition, deceptive advertising, and unfair trade practices actions. File registrations with the U.S. Customs Service.
  • Flat-Rate Service Offerings

    As a convenience for those of our clients who perform some elements of the trademark prosecution process themselves, we offer the following "unbundled" flat-rate search and prosecution services. If you are unsure whether you can make use of these services please contact us first to assess whether they are appropriate for you.1

    Clear proposed trademark or service mark

  • Word trademark search w/ USPTO; Review with client; Written registrability opinion - $650.00.
  • Word trademark search w/ USPTO, Search U.S. common law usage, Search Domain registrars (.com, .net, .org); Review with client; Written registrability opinion - $950.00.
  • Prepare/prosecute registration application

  • Prepare and file trademark application w/ USPTO - $950.00 (includes USPTO fees).
  • Prepare and file six-month renewal of "Intent to Use" application w/ USPTO - $400.00 (includes USPTO fees).
  • ┬╣Flat-rate services are of limited scope and comprise specific functions and activities. Individual flat-rate services are only discreet parts of the trademark prosecution process and the client must ensure that the services WLA renders fit into the client's overall trademark prosecution strategy. Contact us for further information before considering these limited scope assignments.

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