TRADEMARK

Protect What's Yours. 

 

Brand has become the key to success in global markets. With well-known, well-protected brands, companies realize the value of the effort they have invested in developing products and services. Without such brands—or with poor protection of them—value is at risk. Trademark law is the most powerful tool for protecting your brand and your company's reputation and Davis McGrath can be a vital part of the process of selecting and securing this all-important asset. 

Davis McGrath has a particular specialty in all aspects of trademarks. We have represented clients in the healthcare, insurance, media and entertainment, technology, and manufacturing industries. The firm's trademark docket includes thousands of marks which we monitor and maintain on behalf of our clients. 

Davis McGrath's trademark attorneys routinely help Fortune 500 companies, smaller businesses and individuals to select, research, and clear trademarks. We provide expeditious "knock-out" screening of proposed marks and assist with securing and analyzing full availability searches on proposed marks. We counsel clients about the potential strength of their proposed marks, and help with creative ways of adding value to the client's portfolio.  

We work closely with inside counsel to handle technical trademark matters including applications to register, inter partes disputes (oppositions and cancellations) before the U.S. Patent & Trademark Office (USPTO), along with transfers of rights, and maintenance filings. Additionally, the firm assists clients who need to protect their marks in international commerce with the registration of their marks elsewhere, through applications for International Registration under the Madrid Protocol, or through work with our established network of trusted foreign associates. Using our docketing software, we are able to expeditiously provide clients with current information about their trademark portfolios in a variety of useful formats. 

We review marketing and advertising materials for correct use and misuse; prepare style and usage manuals for clients; and coach clients on proper use and protection of their trademarks and service marks in a variety of media, from signage to websites. Conversely, we advise about the use of marks belonging to others, assisting clients in determining when a reference to another's property might go beyond what is considered fair use and become something for which liability may arise. 

Davis McGrath also represents clients in infringement, and handles trademark litigation in federal and state courts across the U.S. Our clients include companies with portfolios of international marks, and the firm oversees foreign counsel in handling counterfeiting and other conflicts around the globe. Additionally, we assist clients in monitoring the trademark registries around the world for potentially conflicting marks, and advise companies whose marks may be weakened by the registration of similar marks on various approaches to resolve the issue, including negotiating coexistence agreements, or if necessary, opposition proceedings, both here and abroad.