Trademarks

Our Intellectual Property attorneys handle transactions that involve the clearance, creation, protection, enforcement, licensing, and acquisition of trademark rights for all types of businesses. Our experienced attorneys enforce trademarks against infringers and defend claims of infringement against clients.

We search hundreds of trademarks for use or registration in the United States and overseas each year. We make a concerted effort to provide practical guidance beyond the scope of the advice typically associated with a clearance and registration opinion.

Our relationships with trusted associates around the world enable us to register marks overseas. We also file and prosecute Community Trademark (“CTM”) applications in Europe. These applications provide trademark coverage in the 28 countries of the European Union, including the dominant countries of Western Europe, at a fraction of the cost of registering in each country individually. Porzio embraced the United States’ adoption of the Madrid Protocol, which allows owners of trademark applications and registrations to secure a single “international” trademark registration to protect trademarks in up to 65 member countries.

Our transactional skills in the trademark field extend beyond searching and registration. We counsel parties in various types of trademark ownership disputes, including Internet domain names.  We serve as special counsel to debtors in bankruptcy proceedings regarding the preservation of assets and the rights of secured parties. We act on behalf of disclosed and undisclosed principals to purchase marks and other properties from third parties.

Litigation over trademarks can take place in a number of different forums. In the Trademark Office, we have handled countless registration oppositions and cancellation proceedings to judgment or favorable settlement. In federal district court, we represent both plaintiffs and defendants in infringement actions. Regardless of whether acting on behalf of plaintiffs or defendants, Porzio’s attorneys identify grounds for resolution and see settlement negotiations as an opportunity to use diplomacy to advance the business interests of our client.