Trademark

In today’s competitive business environment, brand identity is more important than ever. Your brand is your business: it represents the reputation, quality, and values associated with your products or services. Trademark protection ensures that your brand remains distinctive and prevents others from misusing or diluting your brand’s reputation and intellectual property.

What is a trademark?

A trademark is part of the intellectual property family and protects names, phrases, symbols, and logos in connection with goods or services. It exists to protect a brand. Once a trademark is registered with the U.S Patent and Trademark Office, it allows owners, such as athletes, artists, companies or other individuals, to license out the item on things such as merchandise or artwork, with legal protection. 

What is trademark infringement?

Trademark infringement occurs when an unauthorized party uses a licensed trademark or a mark resembling the licensed trademark. For example, infringement likely occurs when one uses a mark similar to that of its competitor to disrupt business and attract the competitor’s customer base. Infringement may also take place when businesses in unrelated industries use identical or similar marks in an effort to capitalize on other companies’ or individual’s strong brand images.

Our Legal Services

Our firm offers a comprehensive range of trademark services. Here’s how we can help:

Trademark Registration

We guide our clients through the complex process of trademark registration as smoothly and efficiently as possible, ensuring that all registration requirements are met. From conducting a thorough trademark search to preparing and filing the application, we streamline the process to secure the trademark protection that comes with federal trademark registration.

Trademark Monitoring and Enforcement

Once a trademark is registered, it is important to actively monitor the use of the mark and enforce any infringement. In the United States, trademark rights come from use: we help our clients diligently monitor the use of their mark and ensure that no one is infringing it. Failure to enforce a trademark can result in dilution and even abandonment of trademark rights. In the event of any infringement or misuse, we take swift legal action to protect and defend our clients’ brand against unauthorized use.

Trademark Portfolio Management

Managing a trademark portfolio can be challenging, particularly for businesses with multiple brands, subsidiaries, or international operations. Our team of experienced trademark attorneys provides strategic guidance and advice to efficiently manage and maintain our clients’ trademark portfolios, ensuring continual protection and compliance.

Trademark Licensing and Transactions

We help clients negotiate and draft trademark licensing agreements. Our attorneys leverage the value of our clients’ trademarks through strategic partnerships and collaborations. Our attorneys also advise and negotiate all types of trademark transactions, making sure our clients get the best deal possible and protect their rights going forward.

Trademark Disputes and Litigation

From the Trademark Trial and Appeal Board (TTAB) to federal and state court, our experienced litigators are well-equipped to represent our clients in all stages of the legal process. From negotiation and mediation to litigation, appeals, and every step in-between, we advocate for our clients’ interests to achieve the best possible business solution.

Why Choose Us?

At Phillips, Erlewine, Given & Carlin, we know the value of a good trademark. More importantly for our clients, we know how to protect them.  Here's why clients choose us for their trademark needs:

Experience: We understand trademark law. From the common law to the Lanham Act and from the USPTO to state or federal court, we’ve been there and we know how to best advocate for our clients’ interests. We have the knowledge, experience, and skills necessary to protect our clients' intellectual property and navigate the complex world of trademarks.

Comprehensive Services: We offer a wide range of trademark services, including trademark registration, enforcement, licensing, asset management, and litigation. Whether our clients need assistance in registering a new trademark, defending their existing trademarks, negotiating licensing agreements, or prosecuting infringement we handle all aspects of trademark practice with one goal in mind: to serve our clients’ interests.

Individualized Attention: Just like our client’s trademarks, every client is unique and deserves customized legal services that fit their needs. We provide personalized, one-on-one attention to each of our trademark clients, taking the time to understand their unique needs and goals up front, and tailoring our strategies to achieve the best possible outcomes for our clients’ businesses. Our clients can rely on us to be accessible, responsive, and proactive throughout the entire process.

Client Satisfaction: Our top priority is our clients. We are aim to provide exceptional service and deliver results that exceed our clients’ expectations.

Creative Business Solutions to Tough Legal Problems: Often times, trademark disputes boil down to two businesses wanting to use the same or similar marks to drive business to them. By understanding that trademark disputes are in essence business disputes we work with our clients to develop and explore business solutions to difficult legal problems. While prepared to fight in the appropriate tribunals and courts if necessary, our firm knows that business solutions are often the best solutions and helps leverage our legal knowledge to help effect the best possible outcome for our clients.

Whether you are an individual, small business, or large corporation, you can trust Phillips, Erlewine, Given & Carlin for all your trademark law needs. Contact us today to discuss how we can assist with protecting and enforcing your valuable intellectual property.

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