Assessing the Risk
While trademark registration provides some exclusivity in a mark, registration will not always stop third-party infringers. Therefore, it is important for trademark owners to watch for potential infringers and take appropriate action to stop them. In some instances, not taking action against infringers can weaken the value of your mark and be detrimental to your case should you decide to take action at a later time. Markery Law provides third-party watch and monitoring services to alert clients of potentially infringing applications or domain names in the US and in many foreign countries.
Taking Action
Once a trademark application is approved and published, third parties have 30 days to file an objection to the application with a Notice of Opposition or a request for an extension of time to file the Notice. In addition, third parties can challenge a trademark registration even after it’s issued through a cancellation proceeding. These actions begin inter partes proceedings before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office.
Resolving Cases
Markery Law is experienced in handling opposition and cancellation proceedings. The TTAB has noted that 98% of these matters resolve before trial, typically through agreements between the parties. Markery Law has negotiated numerous favorable settlements and agreements on behalf of its clients to resolve disputes. However, should your case not resolve through settlement, we have the experience and proven successful track record, to take your matter to trial at the TTAB.
Additional Enforcement Services:
- Trademark Monitoring
- Cease and Desist Letters
- Oppositions and Cancellations
- Domain Name Disputes
- DMCA Notice and Takedown Requests
Welcome to Markery Law.
We are here to put our more than 65 years of combined legal experience in trademark law to work for your business.