The ﬁrst step before using any trademark is to clear it to ensure that it is available for use. LexAnalytica, PC conducts clearance services and offers clearance opinions. Once cleared, we assist our clients in maximizing their trademark protections by handling trademark registrations before the United States Patent and Trademark Office. Federal registration has many benefits, including the following:
creates a national publication that puts potential infringers on notice as to your rights. This can dissuade a party from adopting your mark, or a similar mark, in the ﬁrst place. This also prevents an infringer from later arguing that it adopted the mark in good faith.
provides heighted protection after 5 years of registration by helping establish “incontestability” of use and ownership;
grants the right to enforce your trademarks in federal court, with the possibility of obtaining triple damages and recovering attorney’s fees
empowers the US Customs and Border Control to block the importation of infringing goods.
Trademark Oppositions and Cancellations
In addition to shepherding applications before the USPTO, we also represent clients in proceedings to oppose a pending application that may be similar to others, or to cancel a granted application.