In this digital age, trademarks are more important than ever in distinguishing your products and services from those of your competitors. Customers rely on the distinctive nature of your trademarks when searching for your business and your products, including through search engines. When competitors use your trademarks in an attempt to profit from that traffic, you need to take quick and decisive action. Federal trademark registration facilitates your doing so at the infringer's expense. Kronenberger Rosenfeld also specializes in litigating internet trademark infringement lawsuits.
We will make certain you obtain the greatest protection for your trademark in prosecuting your trademark application with the U.S. Patent and Trademark Office.
Upon a federal registration of your trademark, you are entitled to certain statutory presumptions concerning your ownership of the trademark and its validity. Additionally, during litigation, your registration opens the door to an award for your attorneys' fees. After your trademark has been registered for five years, you are permitted to file an affidavit with the U.S. Patent and Trademark Office that renders your trademark incontestable.
Before filing for a trademark registration, if not before beginning to use a trademark, it is advisable to conduct a nationwide trademark clearance search to determine whether your brand potentially infringes on the trademark rights of others. Clearance searches don't need to cost a fortune. In every case, they are cheaper than having to abandon a mark if a presently unknown trademark owner senior to you challenges your use. Even if litigation does result, a clearance search will help you demonstrate that any infringement caused by your use of your trademark was not willful or intentional.
If another's registered trademark or another's trademark in a pending trademark registration application is confusingly similar to your current trademark, or if you want to cancel or oppose the registration under the required provision of trademark protection rules, we can represent you before the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB).
Kronenberger Rosenfeld performs trademark clearance searches and conducts a risk analysis for you, files your trademark registration applications, and represents you in actions in front of the US Patent & Trademark Office. If you would like us to handle any of your trademark needs, please submit your matter to us online or call us at 415-955-1155, ext. 120.