Trademarks

Trademarks help to protect names, logos, taglines, and can protect product packaging or design brand(s) to identify you or your business as the source of your products and/or services. While you can file a U.S. federal trademark application base on your intent to use the trademark, the only way to get trademark rights in the United States is to use your trademark in commerce. If you have started using your trademark but do not have a federal registration, then your use-based, common-law trademark rights generally extend only as far as your reasonable geographical market. Once you have trademark rights, you are able to assert those rights against others that may be using a mark that is likely to cause confusion with your brand.

To protect your brand, Smith Keane’s services include:

• Trademark availability searching and opinions
• State and Federal Trademark applications
• Trade dress applications (to protect product design or product or service packaging)
• Trademark prosecution (guidance through the registration process)
• International trademark applications, including Madrid filings
• Trademark portfolio counseling and development
• Trademark licensing
• Trademark clearance searching and infringement opinions
• Trademark Trial and Appeal Board (TTAB) proceedings, including cancellations and oppositions Trademark infringement litigation (assertion and defense)
• Trademark dispute mediation
• Customs and Border Patrol trademark registration