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TRADEMARK
Whatever goods or services a person or business provides, there is often a trade name, logo, or slogan involved. Although a trademark can be protected simply by using it in commerce, it is often wise to register a given mark with the United States Patent and Trademark Office.
We consult with our clients, examine business practices, and facilitate trademark searches to assess whether a particular trade or service mark is available. If so, we carefully assemble and file trademark applications to provide a solid foundation for the several hurdles of examination, publication, and potential for opposition to come.
Our experience in the field of trademark registration has resulted in many successfully registered and renewed marks. The firm can, upon request, provide services to clients even after the initial registration of a mark, such as advising on development of style sheets, the benefits and risks of licensing trademarks, trademark infringement, and other services.
Trademark infringement can take many forms, ranging from the use of a similar mark by a competitor to piracy of the original mark on a different product. We help clients determine what course of action to take against an infringer, and implement the steps required, from negotiated settlement through litigation, if necessary.
Activists and nonprofits face particularly significant trademark issues. Often without recognizing it, they create icons and slogans that have tremendous power to move and influence a very wide audience. Many advertisers recognize the commercial potential of those icons, and incorporate them into ad campaigns without permission. For example, the United Farm Workers Union's treasured slogan "Si Se Puede" began to appear in bank, airline, and phone company commercials as the Latino market burgeoned. We stopped that misappropriation, and preserved the UFW's rights to determine who may use that vitally important slogan for what purposes. Likewise, we help other unions and nonprofits protect their hard-won symbols.
