Kaufman & Kahn, LLP

TRADEMARK

In today's business world, companies which provide the same or similar services are often distinguished and characterized by memorable trademarks. Kaufman & Kahn, LLP works closely with clients in order to ensure that their trademarks are cleared, developed, and protected through federal registrations.

There are three main aspects to trademark law:

Clearance
Registration
Guarding against infringement

Clearance entails obtaining and reviewing comprehensive trademark searches, and providing detailed reports about the search results. Trademark rights are based on prior, continuous use — not just registration — so it is essential to know whether someone has been using a mark that could be confusingly similar to the client's. Merely searching the Internet or a trademark office's record might bring to light a "direct hit" that would discourage a client from developing a trademark. However, such informal searches are not likely to reveal potential competitors who have not established a web site or sought registration but — like the client — is using or intends to use a trademark. We evaluate trademarks and service marks before application to ensure the highest likelihood of acceptance.

Registration includes preparing and filing trademark and service mark applications with the U.S. Patent and Trademark Office (the "PTO"); preparing appropriate responses to objections; and addressing informalities that might delay the PTO's ultimate approval of an application. We counsel clients on practical solutions for responding to any initial rejections from the U.S. Patent and Trademark Office, and strategies for obtaining federal registration in order to entitle the owner to significant protections against infringement.

Protection. After registration, we work alongside clients to police and protect the use of the trademarks. The prevention of trademark infringement or counterfeiting sometimes requires claims to be filed in the PTO or appropriate courts. Our experience in litigation and in trademark law enables clients to be guided in strategies for nationwide trademark protection.

To learn more, please click on Articles and Cases of Interest.