Trademarks
The name is the business. Protect it like one.
Your brand is often your most valuable asset, and protecting it takes more than filing a form. Hank Fasthoff has spent more than 29 years helping companies choose, apply for, register, license, and defend their trademarks, from the mark availability search through application and registration, through enforcement, whether in or out of the courthouse.
Hank evaluates the proposed mark for obvious problems and, when requested, commissions a clearance search to identify potentially conflicting marks, and counsels you on the level of risk associated with adopting the proposed mark and filing an application seeking registration. Once you decide you want to apply to register a mark, he identifies the right classes and the description of goods and services, files the application, and responds to office actions that may be issued by an examining attorney. While some office actions don't require a substantive response, those that do will incur additional fees for any legal briefing that may be required to adequately respond to the office action.
Hank also negotiates and drafts trademark licenses and commercial agreements, handles assignments and intellectual property due diligence in deals, and represents you in opposition and cancellation proceedings at the Trademark Trial and Appeal Board. When infringement or counterfeiting threatens your brand, he enforces your rights in your mark through demand letters, settlement, and litigation.
Hank has represented trademark clients ranging from Fortune 500 companies to recording artists to small businesses and startups, so you get counsel grounded in how these disputes resolve across very different stakes. On every engagement Hank works toward the same result, a mark you can own with confidence and seek to enforce without hesitation.
Services Include
- Trademark clearance searches and availability opinions
- Trademark applications and registration
- Office action responses
- TTAB oppositions and cancellations
- Trademark licenses and commercial agreements
- Assignments and IP due diligence
- Trademark and trade dress enforcement
- Trademark and unfair competition litigation
Trademarks Insights
What a Trademark Is and the Rights Federal Registration Provides
A trademark is any word, phrase, symbol, design, or combination of these that identifies the source of goods or services and distinguishes them from those offered by others. The name on the label, the logo on the packaging, the slogan in the advertising, and even the distinctive shape of a product or its packaging can all function as trademarks if consumers associate them with a particular source.
Read articleWhy Some Trademarks Are Stronger Than Others
Every trademark falls somewhere on a spectrum of distinctiveness that runs from fanciful (the strongest) to generic (the weakest, and unprotectable). A business that picks a strong mark from the start spends less on lawyers and more on growth. Understanding the spectrum is the single most important step a business owner can take before choosing a brand name.
Read articleWhy a Trademark Clearance Search Comes Before Everything Else
A trademark clearance search answers one question before a business commits money to a brand name. Can you use this mark and register it without running into someone who got there first? The search comes before the domain registration, before the logo design, before the business cards, before the website, and before the USPTO filing.
Read articleHow Federal Trademark Registration Works at the USPTO
The United States Patent and Trademark Office processes roughly 750,000 trademark applications per year. Each application follows a defined sequence from filing through examination, publication, opposition period, and (if everything goes well) registration.
Read articleCommon Trademark Mistakes That Cost Businesses Time and Money
Most trademark problems are preventable. The businesses that end up in expensive disputes, abandon applications, or lose the right to use their own brand names almost always made an avoidable mistake early in the process, usually before they consulted a trademark attorney.
Read articleTTAB Proceedings and How They Differ from Federal Court
The Trademark Trial and Appeal Board handles disputes over the right to register a mark. TTAB proceedings look like litigation in many ways, but the Board can only decide registrability. It can't award damages, issue injunctions, or order anyone to stop using a mark.
Read articleEnforcing Your Trademark Rights
A federal trademark registration provides the owner a set of enforcement tools that common law rights alone don't offer. Nationwide constructive notice, a presumption of validity, access to federal court, the ability to record with U.S. Customs, and the potential for statutory damages in counterfeiting cases all flow from registration.
Read articleTrademark Protection for Architectural Works & Other Designs
Architects, owners and developers can benefit from understanding the role that intellectual property law plays in protecting architectural plans and building designs. Copyright law lends itself more to the types of protections that architects would tend to seek, while trademark law is generally more applicable to building or business owners.
Read articleTrademark Licensing and Quality Control
A trademark license is a contractual grant of permission to use a mark in connection with specified goods or services, without transferring ownership. Licensing allows a brand owner to expand into new markets, new product categories, and new territories by authorizing a third party to manufacture, sell, or distribute products bearing the licensor's mark, in exchange for royalties or other compensation.
Read articleRelated Work
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