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Our Services

We Are Fully Committed To The Needs Of Our Clients

We are deeply invested in understanding and advocating for your unique needs. Your success and peace of mind are our utmost priorities, and we pledge to be your partner in this journey.

Brand Legal
Protection 101

Brand Protection consists of four steps which, when performed in a coordinated way, allow you to achieve maximum legal rights in your brand. 

  • Searching
  • Authentication 
  • Policing
  • Enforcement

U.S. Registration
Process

You must successfully complete all of these steps to register your brand as a trademark with the United States Patent and Trademark Office.

  • File an Application
  • Successfully respond to issues raised by the government
  • Successfully respond to issues raised by third parties
  • Demonstrate Use


 

Buying or
Selling a Business

Buying and selling a business often involves the transfer of intellectual property, or at least it should. Failure to fully capture and account for the transfer or retention of all the intellectual property can lead to unintended outcomes which may result in headaches or loss of rights. Initiating Protection can partner with business lawyers or other transaction counsel to act as a subject matter expert in this niche area.

You Received an Office Action/Initial Refusal

Receiving an Office Action or Initial Refusal is not the end of the line.  In many ways, this is the system working as intended.  Knowing this, the trick is not to avoid the refusal, but to be in a position to overcome it.  We have decades of experience in overcoming government refusals, including likelihood of confusion, descriptiveness, misdescriptiveness, failure to function, request for disclaimers, requests for amendments of identifications, requests for amendments of the description of the mark, and many more. 

You Received a
Demand Letter

Demand letters are a common part of enforcing a brand.  While you may have been surprised to receive one, our response for you should be obvious if you’ve been engaged in brand protection.  If you haven’t, we need to be very precise in your response.
There are many factors we can consider in attacking the rights of the party who sent the letter, and finding a resolution that allows you to move forward making as few changes as possible.

Someone Else is
Using My Brand

You must defend your brand if you want to maintain your legal rights in your brand.  We can help you do this effectively.  You probably want to know how aggressive you should be.  We can help you understand the legal pros and cons of items such as which parties you should contact, what form the initial contact should take and how far you should push the issue.  You can then consider the pros and cons in light of your business objectives so we can find a solution that is well suited for you.

International Registrations

Your US registration is a powerful right.  This right gives you many benefits, including using it as the basis for filing for trademark protection in foreign countries.  If you take advantage of certain treaty provisions, you can gain additional rights in the foreign country.

While many lawyers know how to file foreign applications, our firm can help you understand the nuances in using various approaches.  Further, our firm has contacts with law firms in more than 100 countries which enables you to:

 

  • File directly in that country when appropriate
  • Respond to issues raised by the Trademark Office in that country
  • Have local counsel listed as attorney of record (which shows you take your rights in that country seriously)
  • Be represented if someone in the foreign country attacks your right to use or register your brand there.

Other Services

The core services of brand protection include searching, authentication, policing and enforcement.  Helping you with these areas leads to many related projects.

We can also help you review agreements, prepare licenses, negotiate settlements, prepare website terms and conditions, prepare website privacy policies, prepare efficient trademark strategy, handle domain name proceedings, send takedown requests to online platforms, conduct IP audits, work on domain name resolution proceedings, assist with due diligence in business transactions, coordinate with other professionals to accomplish special projects, etc.

Educating Our Community

We believe educating our community about brand rights helps everyone.  Once you understand the basics of brand rights, you are prepared to make strategic decisions about your branding assets.

In today’s fast-paced business world, a brand is the symbol of your company’s identity and values. We are committed to helping you understand your legal rights in this important area.