Dedicated Representation for
Trademark Litigation
Narrow Focus. Deep Experience.
Even when you have taken all the necessary steps to protect your brand, issues surrounding ownership of a trademark can still arise. When they do, it’s critical to take action immediately. If you’ve become aware that another business is making a profit by wrongfully using your mark — or they’re marketing with a similar one that could cause consumers to be confused — it’s important to understand your legal remedies.
Sometimes, it is necessary to take legal action to protect your rights to your trademark. While sending a demand letter can sometimes be sufficient to stop an infringer’s wrongful actions, in many cases, you may need to file a lawsuit. The attorneys at the Brand Legal Services, PLLC have wide-ranging experience litigating some of the most complex trademark disputes and securing the most effective outcomes possible.
Proficient Trademark Litigation Lawyers for a Variety of Trademark Matters
Ensuring that your intellectual property is safeguarded with a registered trademark should be your first priority as a business owner. Your brand is what consumers depend on to identify your goods or services, and it is what you rely on to drive your revenue. When a competitor threatens your brand and bottom line, you cannot afford to leave them undefended.
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From inadvertent or intentional misuse of a registered trademark to issues concerning the diminishment of a mark’s value, we litigate a wide range of trademark matters in the courtroom. Our trademark attorneys skillfully handle disputes arising from:
- Trademark infringement
- Trade dress infringement
- Unfair competition
- Trademark dilution
- False advertising
- Lanham Act violations
- Trademark licensing disputes
- Trademark counterfeiting
Trademark infringement litigation may be brought in either state or federal court, depending on the facts of the case. If a court finds that infringement occurred, a judge may issue an injunction forcing the infringer to stop using the mark or order them to destroy any articles on which the mark appeared. The court may also award you monetary relief — including the profits the infringer made by using your mark. Our attorneys are committed to ensuring that your trademark rights are adequately protected, and willful infringers are held accountable for their wrongful acts.
Skilled Counsel for Trademark Trial and Appeal Board Proceedings
Sometimes during the process of registering a trademark with the United States Patent and Trademark Office, disputes can arise concerning whether a mark may be eligible for registration. The Trademark Trial and Appeal Board (TTAB) is the USPTO’s administrative tribunal that hears opposition to trademark registration and application.
There are a few types of proceedings that the TTAB presides over. The TTAB hears appeals from business owners concerning trademark application denials issued by USPTO examining attorneys. Additionally, the following proceedings commenced by a person or entity who is disputing your use of the mark may be heard by the TTAB:
- Trademark opposition — A Notice of Opposition may be filed by a party who wishes to contest your application during the opposition period. Some common reasons for opposition include the likelihood of confusion, potential dilution, or the suggestion of a false connection with the mark.
- Cancellation proceeding — A Petition to Cancel can be filed after the trademark has been successfully registered to stop you from using the mark in commerce. Generally, cancellation actions are brought within five years from the date of registration. However, they can also be brought after a trademark was abandoned, and at any time if the trademark was procured by fraud, or if it becomes descriptive or generic of the goods or services.
- Concurrent use — Another business may also request to register a mark that is already in use by another party by filing a concurrent use application. If the TTAB determines both parties are entitled to use of the mark, the geographic scope, trade channel or usage is typically restricted.
- Interference proceeding — When a petition for an interference proceeding is filed, the TTAB will determine which owner is entitled to register their mark in the event that conflicting applications are submitted.
The TTAB has its own regulations, and it is necessary to have a trademark litigation attorney on your side who is familiar with the tribunal’s specific procedures. We have extensive experience representing business owners across a broad spectrum of industries in TTAB proceedings. Working closely with you, our attorneys will skillfully develop a thorough strategy to help ensure your business objectives are met and your brand is protected.
Contact a Reliable Trademark Lawyer to Protect Your Intellectual Property
If your brand is being jeopardized due to another’s unauthorized use of your trademark, it is essential to contact a trademark litigation law firm that can protect your intellectual property rights. Located in Ann Arbor, Michigan, the Brand Legal Services, PLLC has decades of combined experience litigating trademark matters in state and federal court, and before the Trademark Trial and Appeal Board. With more than 6,000 successfully registered federal trademarks to our name, we offer tailored litigation solutions at reasonable rates for clients nationwide. Contact us today to schedule a complimentary 15-minute consultation with an experienced trademark litigation attorney to discuss how we can help you achieve your goals.
