Helping Businesses Build & Protect Their Brands
Via Trademark Law
Intellectual property (IP), in general, and trademarks, in particular, are increasingly becoming the most valuable assets of businesses of all types and sizes. After all, the world of commerce is increasingly digital-first and data-heavy, and by extension, IP is a foundational element in such a digitized world. With IP steadily rising in import as a business asset to protect and monetize, branding and the protection of such value via trademark law play a leading role.
A trademark is one of the most common types of IP, in addition to other types of IP such as copyrights and patents, as well as trade secrets. While trademarks may seem relatively straightforward, the process and nuance surrounding a trademark’s lifecycle are complex. From initial research and registration to maintenance and enforcement, as well as scams targeting trademark owners, there are pitfalls at each stage. Some common considerations include the distinction between a common law trademark and a registered trademark, the nuances of successfully pursuing trademark registration via the USPTO and navigating associated office actions, avoiding common errors in TEAS (the Trademark Electronic Application System), whether the USPTO requires you to use an attorney for trademark registration, and enforcement post-registration. These are only a few of the myriad of critical components that a business must account for when establishing value via trademarks.
As a trademark registration lawyer, RICHT understands the value of trademark law and how, when correctly navigated, it can result in great returns, whether through brand-building, a subsequent business acquisition, licensing, or other means. The converse is true, too, though. Trademarks, when either incorrectly pursued, such as may be more likely to occur when done through DIY (do it yourself) online trademark services, can result in a host of issues ranging from the refusal of registration or even litigation.
At RICHT, our singular goal is to help our clients seamlessly navigate the trademark lifecycle, including:
- Trademark Search & Clearance: We conduct a comprehensive trademark search to determine if your desired mark is available for registration.
- Trademark Strategy: We assist in formulating a trademark strategy that is more likely to result in a successful registration.
- Trademark Application: We prepare and file your trademark application with the USPTO utilizing our experience to structure the application to maximize the chances of successful registration.
- Office Action Responses: In the event your trademark application is subject to an “office action” by the USPTO, we can help you respond and resolve the problems identified by the USPTO and get your application approved.
- Trademark Registration: Once your trademark application is approved, we help you navigate trademark publication for opposition and registration so you can use the ®.
- Trademark Monitoring: We help ensure that you maintain your trademark and monitor for infringing use that, if left undisputed, could result in the loss of your trademark.
- Trademark Enforcement Against Infringing Use: If someone infringes on your trademark, we help you enforce your rights through a variety of means, including litigation.
The benefits of working with RICHT to secure your trademark registration include:
- Experience With Trademarks: Our firm has counseled clients on a range of trademark law matters ranging from registration to infringement.
- A Full-Suite Of Trademark Law Services: We provide clients with a full suite of trademark law and related IP services, from registration to licensing.
- Law That Knows Business: The ethos of our firm is “Law That Knows Business,” which summarises our focus on understanding our client’s business goals and formulating legal solutions that help them attain those goals in an effective and efficient manner.
- Affordable Flat Fees: We aim to provide our clients with cost certainty via flat fees so that incentives are aligned and you can be confident that you are getting legal services in a cost-conscious manner.
Related Intellectual Property Law Services We Offer
Copyrights
Trade Secrets
IP Licensing
Some Of The Types Of The Brands We Can Help
Service Providers
Manufacturers
Celebrities & Influencers
Amazon Brand Registry
Media
Food & CPG
“OWN YOUR BRAND” VIA THE ®
The Biggest Trademark Rulings of 2023
This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. Courts ruled on issues ranging from First Amendment and parody considerations to the extraterritorial reach of U.S. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.
From Palette to Protection: When Does Color Function as a Trademark?
While companies like UPS have successfully used color as a trademark, securing trademark protection for a color can be challenging. This article discusses what it takes for a color to be eligible for trademark protection and the legal considerations involved.
Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance
In Abitron Austria GmbH v. Hetronic International Inc., the Supreme Court held that the Lanham Act extends trademark protection only to claims where the infringing “use in commerce” is domestic.
Visa Files Trademark Applications for Crypto Wallets, NFTs and the Metaverse
Payments giant Visa (V) filed two trademark applications to the United States Patent and Trademark Office (USPTO) related to digital wallets, non-fungible tokens and the metaverse.
