Trademark, Brand, Logo and Slogan Protection
When a client has invested time and resources into the development of a new product, it is imperative that all possible avenues of protection from infringement of any kind be put into place to ensure protection of that product throughout its lifecycle. In the client relationship, our role is to identify and provide that protection; and should that protection be breached, it is our role to help bring about resolution.
Early on in the product development cycle, we work with clients to identify marks and designs that will remain strong, unique and impenetrable in the marketplace. We then ensure that the product receives full protection of the law by preparing and prosecuting registration applications. Once the product has entered the marketplace, we continue our due diligence by monitoring any infringement, especially in the quickly expanding and difficult-to-monitor online environment.
Amin Talati Upadhye prepares and prosecutes trademark applications before the U.S. Patent and Trademark Office, drafts licensing agreements and litigates before the Trademark Trial and Appeal Board and federal courts. We also assist clients in obtaining and enforcing trademark rights in other countries and in obtaining U.S. Customs Service protection against infringing imports.
Our attorneys have significant experience in litigating competitor false advertising and misrepresentation claims under 43(a) of the Lanham Act. We advise clients on measures to prevent and remedy unauthorized uses of trademarks as internet domain names and in third-party websites. In this regard, we monitor and advise clients on new trademark laws and infringement theories that may prove effective against online trademark infringement.
We work closely with clients by:
- Counseling on branding strategies and management
- Preparing and prosecuting domestic and international trademark registration applications
- Assisting in trademark proceedings including opposition and cancellation of trademarks
- Policing infringement of trademarks, gray-market and counterfeit goods issues
- Counseling on trade dress protection rights with respect to product packaging and business establishment décors
- Pursuing claims of trademark infringement, dilution and unfair trade and competition
- Managing trademark portfolios and due diligence assessments for M & A/investor and licensing purposes.
More on Patent Protection, Licensing and Freedom to Operate here.