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Trademarks: Ensuring Distinctiveness and Protection in a Competitive Marketplace

A trademark, often referred to as the "fingerprint" of commerce, is a unique word or symbol that unequivocally identifies a single business as the exclusive provider of a specific product or service. Over time, customers develop trust and loyalty towards businesses based on their satisfaction with the products and services they offer, as well as recommendations from trusted sources. In a competitive free market, consumers make their choices relying on the distinctive trademarks and trade dress they recognize and trust. Consequently, trademarks and trade dress embody a company's reputation, and customer brand loyalty reflects the level of trust that underpins a company's standing within the community.


The value of possessing a recognized trademark is indisputable: standing out in a competitive landscape can be the determining factor between a company's growth and mere survival. As a result, trademarks often constitute some of the most valuable assets for many businesses.


Protection of these invaluable trademark assets can be achieved through registration with the U.S. Patent and Trademark Office. Registration provides legal notice of exclusive trademark rights and paves the way for enforcement actions in federal court and by the U.S. Customs Service.


We assist our clients in selecting and registering distinctive trademarks that not only stand out but also create a powerful statement about their innovative products and services.

Our Trademark Practice encompasses a wide range of services, including:

  • Selecting distinctive, defendable marks: Strategically choosing unique and protectable trademarks.

  • Searching and clearing candidate marks for use and registration: Comprehensive analysis to ensure the viability of prospective trademarks.

  • Securing the registration of trademarks, U.S. and foreign: Guiding clients through the trademark registration process domestically and internationally.

  • Appeals, oppositions, and cancellation proceedings before the TTAB: Representation and advocacy in trademark disputes and challenges.

  • Consent agreements: Facilitating agreements between parties in instances of potential trademark conflicts.

  • Watch service for conflicting marks: Monitoring trademark landscape to identify and address potential conflicts.

  • Maintaining and renewing trademark registrations: Ensuring ongoing protection and management of trademark assets.

  • Recording registered trademarks with the U.S. Customs Service: Enhancing enforcement measures to protect against counterfeit goods and infringement.

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