Trademarks

Valuable trademarks require comprehensive protection

Successful companies rely on the power of their trademarks and brands to communicate the quality and distinctiveness of their products and services. Trademarks are often some of the most valuable assets of a company. Infringement or dilution of a mark can cost millions in revenue and goodwill. With our proven track record in high-profile litigation and noncontentious matters, in-house counsel and other leading trademark practitioners consistently look to The Rapacke Law Group to handle their most complex, high-stakes trademark matters.

The Rapacke Law Group’s trademark practice is renowned for its experience, sophistication, creativity, and depth. Our practice includes an enviable core of experienced trademark attorneys, legal assistants, and staff professionals. Our extensive experience with virtually every type of product and service and every facet of trademark protection helps us advise clients on the best path to protect, advocate, and leverage valuable intellectual property (IP) assets.

We follow the life of a mark from selection, clearance, prosecution, and maintenance to portfolio management, trademark audits, licensing, watch services, disputes, and litigation. The scope of our practice offers great flexibility. For many clients, we provide a full range of trademark services, while others seek our assistance for some of these categories on a project-by- project basis.

Trademark counseling and prosecution

The Rapacke Law Group’s experience in preparing trademark opinions and in filing, prosecuting, and maintaining both U.S. and foreign trademark applications and registrations is clearly demonstrated by the number of trademark matters we handle.

Domestic trademarks

Before adopting a trademark, we advise clients on strategies for selecting “strong” marks that are immediately protectable and registrable. If a client prefers to use a term or mark descriptively, we can advise on how to use the term to place the client in the best possible position should it be challenged. Our counseling during the early phases of trademark development helps avoid costly conflicts or enforcement problems down the road.

Once a mark is selected, we conduct availability searches and render clear, practical opinions. We carefully evaluate each search request to ascertain the goods or services to search, the type of search to order, and whether to search any supplemental sources. Moreover, our opinions are not based solely on the search results as they appear in the search report. We investigate relevant marks and names to determine if they are in use and, if so, the nature and extent of any rights their owners may possess. Our extensive litigation experience allows us to provide realistic opinions on a mark’s availability, as well as practical recommendations on using and registering the mark to avoid or minimize potential problems.

For The Rapacke Law Group, trademark filings are not simply routine administrative matters—we work to develop an appropriate strategy regarding the form of the mark and how broadly or narrowly to describe goods or services. We take into account the search results and possible disputes down the road. We also consider future plans for the mark to make sure all relevant goods or services are covered by the application. In prosecuting applications, we provide practical advice on the best and most efficient ways to respond to refusals.

Trademark Process

We Handle Client's Trademark Process from start to finish, including:

RLG works with clients from the very beginning of the trademark prosecution process all the way though subsequent litigation defending the mark or against other trademarks. Our team helps clients develop branding strategies to identify a strong, suitable mark for the business, and we build an equally strong application to limit challenges to its registration.

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The Rapacke Law Group has experienced attorneys that specialize in both challenging and defending positions filed in the United States Patent and Trademark Office. RLG can also assist you with trademark cancellation process.

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Trade dress is comprised of the overall image or elements that are used to market and promote the product. This includes everything from the texture, size, and shape of the product or packaging, besides functional features, to the environment of mode of displaying the product.

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International trademark licensing agreements can be complex, taking months to negotiate and finalize. We have extensive experience drafting agreements on behalf of both licensees and trademark owners. We will protect our clients' intellectual property rights while allowing them to capitalize on these valuable assets.

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