Trademark

Overview

Meunier Carlin & Curfman’s Trademark practice protects the brand identities of businesses by helping establish, maintain, and defend their position in the market. Our clients range from emerging companies to large, international corporations who rely on us to deliver experienced trademark counsel and manage the selection, registration, maintenance, and enforcement of their trademarks.

Trademark Registration and Protection

The establishment of a strong trademark can be central to the success of a company. Prior to initiating trademark registration actions, we gain a thorough understanding of the company, including its business goals, its strategic position in the market, internal considerations, the purpose of the proposed trademark, its intended use, the value placed on the mark, and how the trademark may fit within the company’s existing brand and goods. We believe that MCC’s focus on this “front-end” work sets us apart from many IP firms.

We guide clients through the domestic and international trademark registration systems. This process normally includes:

• a concise, initial search to give the client an idea of what they can expect from the trademark registration process
• discussion and determination that the intended trademark will be used appropriately, which is a core requirement of trademark registration
• a thorough clearance search to ensure strong trademark protection
• the development of a trademark application that is not merely descriptive of the mark or confusingly similar to other brands
• management of the entire registration process with the United States Patent and Trademark Office (USPTO)

Our clearance search process is thorough and crucial to the development of a strong trademark. Central to this is an extensive search of trademark office records to determine the existence of similar trademarks. Other components may include research on existing trademark uses on the internet and elsewhere, companies who may have filed for state-only registrations, and existing common law trademark rights, all of which can inform whether trademark infringement may be a concern.

Beyond the acquisition of trademark registration, we also counsel clients in the maintenance of their trademark registration with the USPTO. This includes the handling of renewals through official filings, cautionary notices, and affidavits or statements of use.

In the normal course of business, MCC’s trademark representation includes the management of due diligence related to mergers and acquisitions, the negotiation of trademark licenses and agreements, and counseling to assist clients in protecting their portfolio of brands.

Trademark Litigation

When necessary, we bring and defend both opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) of the USPTO. We also represent our clients at every stage of trademark litigation in courts throughout the United States in matters related to infringement, counterfeiting, unfair competition, and trade dress.