Since 1952, Kolisch Hartwell has advised clients on all aspects of trademark protection. We have obtained and maintained registrations for thousands of trademarks in the United States and abroad. We have registered, licensed, or litigated such famous trademarks as Hula Hoop®, Frisbee®, Hacky Sack®, Koosh®, and Trail Blazers®. We are one of only a few firms to have argued trademark law before the U.S. Supreme Court. Our trademark services include:
- Clearance and registerability searches. Before you apply for a trademark—or for that matter before you name a new product or business—you should consider conducting trademark clearance and registerability searches to make sure you can safely use the mark, and to evaluate its potential for registration. Kolisch Hartwell can search for your proposed mark in numerous databases to look for prior use with an eye to potential protection. It’s good to know that your proposed mark is a strong candidate for use and registration before you invest too much time and money building its reputation.
- Application and prosecution. Federal trademark registration confers many benefits to the owner of a mark. Registration provides a nationwide notice that you own the mark and is strong evidence of ownership. Registration also creates a basis for accessing the federal courts to settle disputes, for obtaining foreign registrations, and for using the U.S. Customs Service to block importation of infringing foreign goods. If you are already using a mark or intend to use one, Kolisch Hartwell can prepare an application and take all steps needed to advance it to registration. We can seek foreign trademark rights on your behalf, too.
- Opposition/Cancellation. Opposition refers to an attempt to prevent a published trademark application from being registered. You might want to challenge someone else’s right to obtain a registration, or someone else might challenge one of your applications. Cancellation refers to an attempt to cancel an existing trademark registration. For example, you might want to use a mark that is registered, but which is apparently not being used by the registrant, or which should not have been registered. In either situation, Kolisch Hartwell can advise you on your prospects for success and represent your interests in proceedings before the Trademark Trial and Appeal Board (TTAB).
- Litigation. Having a trademark sometimes means you have to enforce your rights—and failing to protect your mark may create a risk of losing your rights. If someone starts to use your mark or a confusingly similar mark, Kolisch Hartwell can help put a stop to it. Or maybe the shoe is on the other foot, and you have received an unexpected cease-and-desist letter from someone else’s lawyer. Either way, we are well prepared to represent your interests in disputes over trademark rights.