Intellectual Property Law Services

Trademark Law

A trademark is any word, phrase, design, sound, or symbol that identifies your unique products or services in the US. Under US trademark law, when you federally register a trademark or service mark with the United States Patent and Trademark Office (USPTO), you receive exclusive rights to use it and the right to legally stop someone else from doing so in the US.

We assist clients with trademark registration both domestically and internationally while providing a full range of trademark services, including:

Trademark registration, maintenance, and renewal in the United States and internationally
Trademark clearance, selection and opinions
Strategic trademark portfolio management
Trademark infringement litigation
Unfair competition and misappropriation litigation
Trademark licensing and due diligence
Trade dress protection
Oppositions and cancellations before the Trademark Trial and Appeal Board (TTAB)
Cybersquatting and domain name disputes

Turning Your Name Into an Asset

Trademarks are one of the most valuable assets a company can own. A strong trademark instantly communicates the quality and distinctiveness of your business and differentiates you from your competitors. Thoughtfully choosing, registering, and exploiting your trademarks can increase brand recognition, which can have a direct impact on your bottom line. At the Idea Asset Group, we understand the power of your name. Our trademark attorneys have experience that helps us guide our clients in obtaining, protecting and leveraging their trademarks, turning them into valuable assets.

Branding and Beyond

Competitive companies understand that it is not enough to simply obtain trademark protection. An entire portfolio of intellectual property assets is often needed to protect your rights. From securing critical domain names to protecting against infringers, our intellectual property attorneys work directly with clients to develop aggressive legal strategies to better position your trademark assets against current and future competitors.

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Frequently Asked Questions

What is a trademark and can I obtain rights without having to register a mark?
A trademark is a word, phrase, symbol, logo, design, slogan, or other identifier used to distinguish and identify the source of goods or services of one party from those of others. In the United States, trademark rights may arise through actual use of the mark in commerce, even without a federal registration. These “common law” rights are generally limited to the geographic areas of the country where the mark is used, while federal registration can provide broader nationwide protections and additional legal benefits.
What do I need to do before I start using a trademark?
Conducting a trademark search before adopting or using a mark is important because trademark rights in the United States can arise not only from federal or state registrations, but also from “common law” use based on actual use of a mark in commerce. This means another party may already have enforceable rights in a similar name or brand even if no registration appears in the USPTO database. A comprehensive trademark search can help identify potential conflicts, reduce infringement risks, avoid costly rebranding, and evaluate the availability and strength of a proposed trademark before significant investment is made in marketing, packaging, websites, or product launches.
Can I apply for a US trademark registration before I begin using the trademark?
Yes. In the United States, a trademark application can be filed before actual use through an “intent-to-use” application if the applicant has a bona fide good-faith intention to use the trademark in commerce in the future. However, the trademark will not register until acceptable evidence of actual commercial use is submitted to the USPTO. Filing on an intent-to-use basis may also be a strategic way to begin the registration and examination process before launching a brand, helping identify potential registration issues or conflicts that could create infringement risks before significant time and resources are invested in use of the mark.
Why is trademark registration important?
Trademark registration helps protect brand names, logos, slogans, and other identifiers that distinguish a business’s goods or services. Federal trademark registration may provide nationwide priority rights, public notice of ownership, enhanced enforcement tools, the ability to use the ® symbol, and important legal advantages in infringement disputes. Registration can also strengthen brand value, support licensing opportunities, and help prevent others from using confusingly similar marks.
Can I protect my patents, copyrights, and trademarks globally?
Yes. Intellectual property rights can often be protected internationally, but there is no single worldwide patent, trademark, or copyright registration that automatically provides protection in every country. Patents and trademarks generally require country-by-country filings or the use of international filing systems that streamline the application process, while copyrights are often protected internationally through treaties and reciprocal recognition between countries. An effective global intellectual property strategy should evaluate where protection is needed based on manufacturing, sales, licensing, enforcement, and business expansion goals.
Who owns a patent, trademark, trade secret, or copyright?
Ownership of intellectual property depends on the type of asset and the specific circumstances surrounding its creation and use. Patents are generally initially owned by the inventor(s), copyrights by the author(s), trademarks by the party using the mark in commerce, and trade secrets by the person or entity controlling and protecting the confidential information. However, ownership may be transferred or modified by employment agreements, assignments, work-for-hire provisions, licenses, university policies, or other contractual obligations.

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