Contact Cher Sauer, Esq. at csauer@weinsteinlawyer.com for a free consultation.

The trademark attorney plays a crucial role in guiding businesses through the complex world of trademark law. Our primary responsibility is to protect a company's intellectual property by ensuring that its trademarks-such as logos, names, slogans, and other distinctive marks-are legally safeguarded. This includes helping clients understand the trademark process, evaluating the uniqueness and strength of their trademarks, and ensuring they are not infringing on existing trademarks. We also provide strategic advice on how to build and protect a brand's identity through trademarks, including how to enforce rights against infringers and handle potential disputes.

The first crucial step is to conduct a comprehensive trademark search to ensure that a proposed trademark does not conflict with an existing mark, and can be registered in the U.S. or international regions where the company conducts business. This search helps us assess the viability and protectability of the trademark, and the risk of refusal or infringement actions against the owner. If the trademark has a high risk of infringement, we will work with the client, and recommend options for possible modification to the mark to avoid conflict.

If the risk of refusal or infringement is acceptable to the client, we will work with the client to prepare and file the necessary paperwork with the United States Patent and Trademark Office (USPTO) or other relevant trademark authorities. This includes identification of International Classes of trademark use, descriptions of products and services, verification of use of the trademark, proof of such use in commerce, responses to we Examiners at the trademark offices, legal arguments against refusals if applicable, and maintenance of the trademark on a long-term basis.

Steps to Registration

  1. Trademark Clearance Search & Risk reports for conflicts
  2. Trademark application draft
  3. Descriptions of goods and services and class designation
  4. Assessment of Use in Commerce or Intent to Use in Commerce
  5. File Application
  6. Responses and legal arguments to refusals and questions from Trademark Offices after application filed
  7. Management of international counsel
  8. Responses to challenges from third parties including Oppositions, Cancellations, and Infringement Suits
  9. Maintenance of registered and pending trademarks.
  10. Infringement actions

We also help clients enforce their trademark rights. If a third party infringes on a client's trademark, we will help investigate the infringement, send cease-and-desist letters, and take legal action to protect the trademark. We also assist in handling trademark disputes, including opposition proceedings if someone challenges a trademark application, and litigation if the case escalates to court, shut down notices at retailers, and domain protection. In sum, we provide invaluable expertise in protecting a brand's intellectual property from the initial registration process through ongoing enforcement and legal challenges.