Protecting Your Trademarks and Service Marks
Caplin & Drysdale
Protecting Your Trademarks and Service Marks
An entity's most valuable assets often are its trademarks and service marks. Unfortunately, failure to properly protect these marks can result in either diminution in value of the assets, or worse, loss of them altogether.

Working with knowledgeable counsel, you can take the necessary steps to safeguard these assets. At Caplin & Drysdale, we help businesses with all aspects of trademark and service mark protection, including registering the marks with the U.S. Patent and Trademark Office, advising on proper use of the marks, and developing mechanisms for policing the activities of others as they relate to these marks.

Representative Engagements

  1. A company wished to protect the names of its existing publications and trade shows and to determine whether other contemplated names were available for use. 

    Result: Caplin & Drysdale helped the company register its existing trademarks and service marks with the U.S. Patent and Trademark Office, provided advice with respect to the company's ongoing use of the marks and made all necessary post-registrations filings. Caplin & Drysdale also dealt with all third party issues that arose with respect to the marks and advised the company as to the availability and advisability of the adoption of new marks. 

  2. A company wished to protect the names of its beverages, but another company had previously filed an application with the U.S. Patent and Trademark Office to register a similar mark. 

    Result: Caplin & Drysdale advised the company that it could file a notice of opposition with respect to the pending application if it had begun using the marks prior to the applicant. Caplin & Drysdale then filed the notice of opposition, presented evidence to the Trademark Trial and Appeal Board and filed the necessary briefs. The Board subsequently ruled in the company's favor and denied the applicant's application for registration.

If your entity has trademarks or service marks that you wish to protect, or if you are trying to decide what mark to use with respect to your goods or services, we can do the following:
    • Advise you regarding the availability of the mark
    • Register the mark
    • Advise you with respect to the manner in which you should use the mark
    • Make all post-registration fillings required for the maintenance of a registration
    • Assist you with the enforcement of your rights in the mark with respect to third parties
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