Trademark

Trademark law enables businesses to establish, protect and profit from a distinct, recognizable identity of a product or service. At Seyfarth Shaw, we work with clients at every step of the trademark development process, from creation, identification and protection, through licensing and prosecution of trademark infringement.

The broad experience and in-depth knowledge of our trademark attorneys allows us to provide comprehensive, creative legal counsel that helps clients to achieve their trademark-related objectives, to build, maintain or grow the reputation that those marks represent, and to defend their investments against competitors' claims.

Transactions and Counseling

On behalf of clients engaged in the creation and use of proprietary identities, Seyfarth Shaw’s intellectual property attorneys:

• Provide counsel on the development, clearance and adoption of trademarks, service marks and trade names.
• Prepare and prosecute trademark applications (domestic and international).
• Create and implement trademark training, protection and enforcement programs, including the investigation of potential trademark infringements, counterfeiting and gray-market matters.
• Advise on the tax benefits of trademark holding companies.
• Manage the trademark-related aspects of corporate acquisitions, including due diligence and the negotiation of asset purchase agreements.
• Conduct trademark portfolio audits and appraisals.
• Record trademarks with The U.S. Customs Service.
• Negotiate and prepare trademark licenses, assignments, and other business agreements.

Litigation

When disputes arise, our attorneys:

• Litigate trademark, trade secrets and unfair competition disputes in federal and state courts.
• Prosecute and defend counterfeiting actions and execute seizures of counterfeit goods.
• Pursue oppositions, cancellations and appeals before the Trademark Trial and Appeal Board.
• Manage Internet Corporation for Assigned Names and Numbers ("ICANN") domain name proceedings.
• Assert and defend false advertising and deceptive trade practice actions before the Federal Trade Commission ("FTC") and other federal and state courts and agencies.
• Mediate trademark disputes.
• Enforce trademarks in foreign countries.