The trademark litigation attorneys at The Trademark Company work to ensure that our clients are protected against unforeseen legal proceedings in relation to their trademarks. It is important to have a trusted patent and trademark attorney on your side to whom you can turn when your rights in your trademark are challenged by others. Whether you have cleared use of your trademark and have just begun the registration process or have been using the trademark for years, other parties may:
Demand that you stop use of your mark via a Cease and Desist Letter
File a Notice of Opposition against the registration of your trademark
File a Petition to Cancel your registered trademark
File a lawsuit to stop you from using your trademark and seek money damages for your prior use thereof.
Note: Just because someone challenges your trademark, it does not automatically mean that they will win. However, many forms of challenges (e.g., Domain Name Dispute, Notice of Opposition, Petition to Cancel and lawsuits) have strict deadlines for which an answer must be filed. Failure to respond in the allotted time may result in the challenger winning by default.
If you receive a challenge to your mark in any form, contact us immediately. Our knowledgeable trademark attorneys have the experience required to combat these challenges and guide you securely to the best possible outcome.
Typical defense of a trademark challenge proceeds as follows:
Step 1: Receipt of Challenge: Once a challenge is received we immediately check all response dates and calendar the same to ensure the challenger does not win by default.
Step 2: Due Diligence: Next, we conduct research concerning the challenger's allegations, your rights and available defenses and issue an Opinion Letter and recommendations as to a course of defense.
Step 3: Response or Answer: If the challenge only consists of a Cease and Desist Letter, we then provide a response to the challenger in letter form as outlined in our Opinion Letter and Recommended Course of Action.
If a formal answer is required to a lawsuit, Domain Name Dispute, Notice of Opposition, Petition to Cancel, one will be prepared and filed within the scope of our representation.
Step 4: Litigation: Lastly, we litigate the case per your authority.
Pay-Per-Services Representation (Save 50-75% Off Traditional Litigation Costs):
Our new Pay-Per-Service Representation is revolutionizing the legal industry. Having tried hundreds of cases for our clients we knew we could do it better. We knew we could both significantly reduce the cost of litigation for our clients while providing the same quality of representation as under our retained services programs.
How? Well, that’s a trade secret. We can tell you that it involves years of systemization of processes such that the litigation process becomes a streamlined well-oiled machine with a singular focus: win the case for our client as quickly and cost-effectively as possible.
The result? Our Pay-Per-Service Representation reduces the cost of litigation by as much as 50% off our old costs and as much as 75% off traditional law firms’ billing rates.
For the first time small to mid-sized businesses can afford big-firm quality litigation with absolute control over their litigation expenses.
Likewise, big companies can finally break-free of the old-school way of legal billing which have seen unprecedented rises in the billable rates over the past decade without sacrificing the quality of legal services received.
Is it effective? In a word, Yes! It is the same level of representation that we have always provided to our clients only now through our trade secret manners of delivering the representation we are passing along the savings to our clients.
As of right now all work before the Trademark Trial and Appeal Board can be performed using this new service. Soon we also expect to be able to add all federal district court litigation to the service as well.
If you are interested in our Pay-Per-Service Representation, we recommend a FREE Consultation on any matter now pending or that you may wish to bring before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. Simply Contact Us to have us schedule a time to speak or call (800) 906-8626 to speak with us today!
Standard Defense Package ($499):
If you have received a cease and desist letter or even in the early stages of a Trademark Trial and Appeal Board case our Standard Defense Package is an effective and value-conscious package which works to resolve the matter within a tried and true system. For the value-conscious, it represents a great option for resolving trademark disputes before the proceed forward with litigation. Our Standard Defense Package includes:
Receipt and review of challenge and allegations therein
Calendaring and monitoring of response deadlines
Conducting due diligence and analyzing all available defenses to the challenge
An Opinion Letter regarding your rights and recommended course of action
Responding to a challenger's Cease and Desist Letter with a letter refuting their allegations, if applicable
Settlement Agreement Drafting Service ($299):
Provided a resolution is reached, you want to reduce that to writing. This moves a more complex trademark dispute to simple contractual resolution. It is always recommended that a settlement agreement be entered into by the parties as that paper will define the agreed-upon rights thereof. Our Settlement Agreement Drafting Service includes:
Identification of key provisions of the agreement
Drafting of initial agreement
Negotiation of terms within the draft agreement
Final execution of agreed-upon Settlement Agreement
Monitoring of compliance with Settlement Agreement
Should additional services be required, such as answering and defending a lawsuit such services may be performed on retainer.