Trademark

Trademarks not only serve the public by allowing consumers to develop trust in a brand, but are one of the most valuable assets a business can have.   A trademark allows a business to distinguish itself in what  might otherwise be a crowded marketplace and to build an enduring relationship with its customers.   Newberg & Winters LLP can help your business with all aspects of protecting, licensing, or enforcing your trademark and can help you defend against overaggressive enforcement efforts by other trademark owners.

Litigation
At Newberg & Winters LLP, we have over a decade’s worth of combined experience in trademark litigation and trademark-related litigation matters, including high-profile cases that have been featured on the front pages of newspapers around the country.  Whether you are a plaintiff or a defendant in a trademark dispute, we can handle all aspects of that dispute from pre-litigation negotiations designed to avoid a lawsuit  through filing or answering a trademark complaint, handling discovery and depositions, filing pre-trial motions, and trial.  We can also explore other options with you such as arbitration or mediation and handle those proceedings as well.

Prosecution and Enforcement
In addition to our litigation work, we can help you with the legal issues that arise from your trademark and brand identity.  If you are considering a trademark for your business, we can do the legal work necessary to help you minimize risks in choosing that mark, including searches for existing trademarks claimed by others.  We can also help you register your trademark with the United States Patent and Trademark Office to protect your rights in that mark.

We can help you protect and enforce your rights by opposing the trademark registrations of others whose proposed marks could affect your rights.  When conflicts arise between you and another business or individual over the use of your mark, we can send cease and desist letters on your behalf (or answer the letters of others who believe your mark affects their rights).  We can also monitor the Internet and enforce your rights against parties who register domain names with the intent of using the goodwill of your mark for their own gain.

Licensing
We will help you license your trademarks to third-parties or license trademarks from third-parties for you in a way that will help you gain maximum profit while still protecting your rights.  From the earliest points of negotiation through the drafting of a license and any issues that come up after the signing of a license, we will guide and advise you through each step.

Trademark-Related Topics
In addition to trademark work, Newberg & Winters LLP has years of experience in dealing with trademark-related issues such as trade dress law, dilution law, and unfair competition law.  Many trademark cases will include elements of those laws and some cases may include elements of those laws without the specific claim of trademark infringement.  Our firm will guide you through the legal waters and work with you to enforce and defend all of your intellectual property rights in the most efficient way possible.
            
To learn more about our trademark practice, send us an e-mail at Trademark@newbergwinters.com.