Trademark
Protecting your global trademark portfolioTrademark Strategy, Registration, and Enforcement
We have your back, whether you need big-picture trademark strategy, domestic or international trademark registration, assistance with implementing your brand throughout your business, or help with domain registration and acquisition in order to fiercely defend your brand. Our trademark clients come from a wide range of industries, including banking, consumer products, advertising, entertainment, software, publishing, and e-commerce services. We work with a network of agents worldwide to perform trademark filings, oppositions, cancellations, and co-existence negotiations outside the United States.
Portfolio Management and Brand Protection
HMLG oversees trademark applications and proceedings, including invalidation and non-use cancellation of marks. We also work with you to develop strategies against counterfeit goods and lead your team on issuing takedown notices.
When to Register a Trademark
Before launch, not after.
Clearance searching before you commit to a name costs a fraction of what rebranding costs. The expensive version of this problem is discovering someone else registered a confusingly similar mark after you have printed packaging, built a website, and acquired customers who know you by that name.
Registration also determines what you can do about a copycat. Common law rights exist without registration, but they are narrower, harder to prove, and far less useful on marketplace takedown procedures.
HMLG Trademark Services:
- Global Trademark Strategy
- Trademark Searches, Clearance, Registration, and Enforcement
- Trademark Oppositions and Cancellations
- Negotiation of Licenses and Co-Existence Agreements
- Trademark Due Diligence
- Portfolio Management
- Global Trademark and Domain Name Enforcement, Acquisition and Disputes
- Brand Usage Guidelines & Policies
- Anti-Counterfeiting Programs including ICANN Protocols
FAQ
What does a trademark attorney do?
A trademark attorney handles clearance searching, prepares and files applications, responds to examiner objections, manages international filings, monitors for infringing use, and pursues oppositions, cancellations, and enforcement.
How long does trademark registration take?
In the United States, the process commonly takes roughly a year or more from filing to registration, and longer if the examiner issues objections or a third party opposes. Timelines vary by country for international filings.
What is a trademark clearance search?
A clearance search examines existing registrations and unregistered use to assess whether a proposed mark is available and registrable, before you commit to it. It is the most cost-effective step in the process.
Can I trademark a name that's already in use?
It depends on whether the goods or services are related and whether consumers would likely be confused. Identical marks can coexist in unrelated categories. Similar marks in the same category usually cannot.
What's the difference between the TM symbol and the R symbol?
TM indicates a claim of trademark rights without registration. The R in a circle may only be used with a mark registered with the USPTO, and using it improperly can create problems.
How do I stop someone from using my trademark?
Options include cease and desist correspondence, marketplace and platform takedown procedures, opposition or cancellation proceedings, negotiated coexistence or licensing, and litigation. The right path depends on the infringer, the harm, and your commercial objective.
Do I need to register my trademark in other countries?
Trademark rights are territorial. A US registration does not protect you abroad. Filing in your major sales markets is generally advisable, and in some jurisdictions the first to file prevails regardless of who used the mark first.
ARE YOU READY TO TRANSFORM YOUR LEGAL STRATEGY?
Let’s connect! Whether you’re looking for an in-house legal team or need to augment your existing counsel, HMLG is ready to help you rock your business.
Contact us today to learn how we can assist you with practical, proactive, world-class legal support.
3213 Harbor Avenue SW, Ste. A2
Seattle, WA 98126
(206) 774-0879