Trademarks

A trademark is the name, logo, or other designation that identifies where goods or services come from. Over time it carries the goodwill a business has earned. Domain names, trade dress, sounds, and colors can all function as trademarks.

Trademark registration is handled before the United States Patent and Trademark Office, which is a federal practice.

What this covers

• Clearance searching before a name is adopted, which is the cheapest point to find a problem
• Preparing and filing federal trademark applications
• Prosecuting an application through examination to registration
• Responding to office actions and refusals
• Maintaining and renewing registrations
• Licensing and assignment of marks
• Cease and desist correspondence and responses
• Brand and portfolio strategy as a business grows into new categories

Why it matters

Selecting a name is a business decision with legal consequences. A mark that cannot be registered, or that runs into someone else’s rights, becomes expensive precisely when the brand starts working.