Why you need REAL Trademark Lawyers.
You have worked for days coming up with a new brand name only to
give
it to your client and hear back two weeks later from their trademark
lawyer.
The search shows the name is "blocked" for use. Most lawyers do not
have
the time, experience, and -- more importantly - the resources to find
out
if the trademark applications and registrations on a search report are
in use, or if there are any plans for use. "NO" is the easy and safe
answer.
It requires a lot of experience and time to find out if a registered
or applied for mark is actually in use.We confess we have seen the
frustration of brand management
firsthand as an in-house trademark lawyer - decades at Procter &
Gamble,
Anheuser-Busch and U.S. Shoe. We tried
everything to clear "blocked" names for clients in our corporate
time: "market research firms", so-called investigative services, you
name
it. While we have worked with numerous groups, we never really
trusted these folks, their contacts or methods. They were superficial
and
often WRONG! There is better way.
What we can do is what you want - dig deep into
your name - and do it not only with the trademark registration records,
but also by looking at trade publications databases, Internet listings,
and more importantly, we then check it out to see if there really
is such a product or whether someone is simply trying to "bank" a name.
If so, we let you know right away, so we can help you and your
client remove the name from the "vault". If the use or intent to use is
real, we work with you to find a solution, an agreement, a license,
perhaps even a confidential purchase of the desired trademark.
We have practical, in house experience running large corporate
trademark and copyright operations that did the work in house. We have
worked closely with brand managers and buyers, creating and protecting
global brands. We do not just do searches and file applications. We
understand when to do a full search and when a preliminary search makes
sense. We know when it is worth filing a trademark application and when
there is little value added to doing so, and we advise our clients of
the practical benefits and disadvantages in each case before we take
action. We have many years of maintaining global trademark
portfolios in a cost-effective, business manner and working closely
with foreign counsel and agents.
We combine our subject-matter knowledge and our litigation expertise
with our understanding, through experience, of what in house counsel
and their clients really want, so that we can provide our clients with
precisely what they need in analyzing potential litigation issues:
realistic assessment of the strength of their position, and the ability
to vigorously and successfully advocate that position in the best
possible forum to finally resolve the dispute. We work to
understand the business rationale underlying every dispute so that we
can pursue the most appropriate and cost efficient means to secure a
good result for the client.
Many law firms use general business lawyers, who have no intellectual
property background, to do deals. We do not. We have focused our
practice on all aspects of intellectual property to perform
intellectual property due diligence, draft representations and
warranties and negotiate other intellectual property agreements.
The acquisition of intellectual property contains many pitfalls for the
untrained eye. We understand the importance of intellectual
property as a business asset, and will work creatively with clients to
maximize and preserve the value of these assets. We have set up many
intellectual property holding companies, drafted practical licenses and
maintained portfolios using these corporate vehicles. Our extensive
practical knowledge and experience can assist clients in anticipating
and avoiding potential problems, including costly litigation.
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