Defend Your Rights. Keep Your Trademark.
The trademark litigation team at The Trademark Company works diligently to ensure that our clients are protected against unforeseen legal proceedings in relation to their trademarks.
When your rights in your trademark are challenged by others it is imperative to have an experienced trademark attorney on your side to whom you can turn. 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 can:
- Demand that you stop use of your mark via a Cease and Desist Letter;
- File a Domain Name Dispute against your continued registration and use of a domain name;
- File a Notice of Opposition against the registration of your trademark during its opposition period;
- File a Petition to Cancel your registered trademark; and/or
- File a lawsuit in state or federal court to stop you from using your trademark and seek money damages for your use thereof.
Just because someone challenges your trademark, it does not mean that they will win.
However, many forms of challenges (e.g., Domain Name Dispute, Notice(s) of Opposition, Petition(s) to Cancel, and state and federal lawsuits) have strict deadlines in which an answer must be filed. Failure to respond in the allotted time may result in the plaintiff winning by default.
If you receive a challenge to your mark in any form contact us immediately. Our knowledgeable trademark team has the experience required to respond to these challenges and guide you securely to the best possible result.
Depending upon your specific needs our defense services include:
If the registration or continued registration of your trademark has been challenged before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office our Pay-Per-Service representation is the solution for you.
If a domain name dispute has been filed against the your use and registration of a domain name our Domain Name Dispute Defense Package will the proceeding on a flat-fee basis.
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.
If you are unsure of your rights in your trademark or domain name vis-a-vis the challenge you have received and would like a full Opinion Letter on the same before deciding to defend the same our Opinion Letter Package is the right solution for you.
Provided a resolution to a trademark dispute is reached the parties should always reduce the terms that to writing. This moves a more complex trademark dispute to simple contractual resolution. If the terms of a resolution have been defined by the parties and you merely need the same recorded in an official agreement this is the service for you.
If your trademark or domain name has been challenged before a state or federal court then our traditional retained representation is the best option for you.
Often our clients don't wish to defend a challenge to their trademark rights. There may be many reasons for this decision including the cost of defending trademark infringement allegations. But no one should simply let a trademark challenge go unanswered. For these clients we recommend our Settlement Negotiation Service.