From brand identification, through trademark selection, trademark and copyright registration, and worldwide enforcement and defense, Olshan lawyers help clients leverage trademarks to build their brands and compete effectively in today’s global marketplace.
Our firm maintains well-established relationships with local counsel around the world. Working together, we help clients manage their international trademark portfolios, protect their trademarks, copyrights, tradenames, logos and trade secrets, as well as prosecute and defend infringement and unfair competition actions throughout the world.
Securing Trademark Rights
In a global economy, protecting trademark rights in other countries has become more important than ever. However, the rules are not uniform. In the U.S., trademarks are acquired on a first-to-use basis, while in most jurisdictions around the world, trademark rights are acquired through registration under a “first to file” system.
Our trademark lawyers know the systems and how they work. We help clients understand what can and should be protected, guide them through the varied and often confusing laws of other countries, secure appropriate trademarks, and formulate and assist clients in implementing cost-effective plans to protect their marks and their brands.
Comprehensive Trademark Counsel
Olshan trademark lawyers advise at every stage and conduct the necessary research to ensure that our clients’ proposed trademarks are clear, strong and do not infringe the marks or rights of others. We work proactively, identifying and resolving potential issues and conflicts before our clients invest time and money into developing their brands. Once trademark protection is in place, we advise on trademark monetization through licensing and other arrangements, negotiate those deals and prevent infringement.
Responding to Office Actions and Appealing Denied Applications
A trademark application rejection or “Office Action” from the trademark office need not be final. Our experienced trademark lawyers have handled thousands of trademark applications worldwide and know the best arguments to convince trademark examiners to allow a mark to be registered or to reconsider a denial.
Filing and Defending Trademark Oppositions and Cancellations
Our trademark lawyers are also very experienced in filing and defending trademark registration opposition and cancellation proceedings before the U.S., Trademark Trial and Appeal Board.
Copyright Protection
We help our clients register, secure and protect copyrights so they can optimize the value of their brand. With a clear understanding of the nature of copyrights and how they can work hand-in-hand with trademarks, we offer our clients the highest level of brand protection.
Litigating Disputes
Our IP litigators pursue and defend claims involving trademark and copyright infringement, theft of trade secrets, trademark counterfeiting, and unfair competition claims, as well as assert and defend licensing agreement breach allegations and other IP-related claims.
- Managing and maintaining worldwide trademark portfolios for clients of all sizes – from large international brands to smaller startups.
- Negotiated a worldwide co-existence agreement between a major housewares brand and a well-known Brazilian company.
- Represented a famous recording artist in a trademark opposition proceeding against the registration of a potentially infringing trademark.
- Advising on copyright protection and registration for a fashion brand known for its iconic fabric prints.
- Successfully represented Now-Casting Economics, Ltd., in a trademark dispute involving a generic trademark.
- Successfully handled a trademark opposition proceeding against a potentially infringing trademark for Eataly.
