Overview

At McBrayer, our well-honed trademark team enjoys close collaboration with our clients to help craft effective brand protection strategies. Our attorneys have decades of experience managing global trademark portfolios for domestic and international clients; from the drawing board of a potential brand through its successful registration, our intellectual property team assists with clearing, counseling, and prosecuting trademarks before the United States Patent and Trademark Office.

We keep a watchful and caring eye on our clients’ trademarks, and with our network of partners around the world, ensure that our clients can not only protect but enforce their trademarks in every jurisdiction in every corner of the globe. We are highly skilled at drafting and negotiating agreements involving trademarks, including trademark licenses and assignments. We also have earned experience conducting due diligence for transactions involving trademarks and providing advice related to the tax implications for transactions involving trademarks.

Our clients often call on us to help manage domain names and prevent infringement of trademarks through domain name dispute proceedings. We represent clients in domain name dispute proceedings before the National Arbitration Forum, and we frequently enforce our clients’ trademark rights by filing take-down notices with online platforms. Our trademark team has extensive experience protecting and enforcing trademark rights in the digital space as well, including combatting fraudulent websites and counterfeit goods.

We routinely handle opposition and cancellation matters before the Trademark Trial and Appeal Board (“TTAB”) and have extensive experience filing and defending actions involving trademark claims in federal courts across the country, including at the Court of Appeals level and all the way up to the U.S. Supreme Court. Our regular and ongoing TTAB cases include ex parte appeals from registration refusals, challenges to filings by others of applications to register trademarks, and actions to seek cancellations of registrations which should not have been issued or should no longer registered. Our IP team has the experience to guide clients through the trademark litigation process and aggressively litigate any trademark disputes.

Our trademark services include:

• Providing opinions related to global trademark clearance and prosecution
• Prosecuting trademark applications before the United States Patent and Trademark Office
• Coordinating registration of trademarks globally
• Maintaining and renewing trademark registrations in the United States and abroad
• Managing oppositions and cancellation proceedings before the Trademark Trial and Appeal Board
• Litigating trademark matters in federal courts across the country
• Recording trademarks with U.S. Customs to help prevent the importation of counterfeit goods
• Litigating domain name dispute proceedings
• Providing opinions relating to trade dress clearance, protection, and enforcement
• Drafting and negotiating agreements involving trademark assets
• Drafting and negotiating trademark license agreements
• Counseling on inclusion of trademark assets in estate planning
• Advising clients regarding issues presented by use of trademarks on social media
• Enforcing trademarks on the internet via cease and desist letters, take-down notices, and infringement actions
• Auditing trademark portfolios
• Providing trademark watch services and related enforcement efforts

McBrayer attorneys have the knowledge, capabilities, and expertise needed to make sure our clients can confidently protect their IP rights and maximize their value in the marketplace. We greatly value continuing legal education and are actively involved in professional organizations related to trademark law, serving on committees and taking active roles in organizations such as the International Trademark Association.

Take the First Step to Success

To discuss the ways our attorneys can assist your business with registering a trademark or to learn more about your legal issues that may lead to trademark infringement litigation, contact the firm online.