building your portfolio
Your intellectual property portfolio could very well be your greatest asset. Missteps in its
development will at best be costly to repair and at worst be irreparable.
For these reasons, your company should work closely with a trusted intellectual property attorney in order to make timely and strategic decisions when selecting and registering trademarks and copyrights.
We advise on the selection of trademarks that have better odds of making it through the United States Patent & Trademark Office’s (USPTO) examination process. Our clearance searches can identify any issues before you begin the application process, saving your company months in delays.
We will also advise as to how to properly select content for registration with the United States Copyright Office (Copyright Office). Not all copyrightable work requires registration. Knowing what not to register will result in considerable cost savings.
Our firm will work closely with your company on the preparation of trademark and copyright applications, securing your rights in your brands and original content. We will file your applications, monitor their progress, respond to any agency correspondence and keep you on track to registration.
Legal and filing fees for trademark applications vary depending on the type of trademark chosen (e.g. word or design), the classes, whether the trademark is already in use, and the description of goods or services. In general, you should budget approximately $1,100 to apply for one trademark in one class (including filing fees and a clearance search). Adding additional classes will add approximately $500 to the total cost (including filing fees). These estimates do not include responses to Office Actions (if necessary), which can also be charged on a flat fee basis if the scope of work can be adequately predicted. At no additional cost, we will docket your application (and subsequent registration), so that we can meet all future deadlines related to your application or registration.
The legal and filing fees for copyright registrations are lower than for trademarks. This is because copyright registrations receive minimal review by the Copyright Office. As a result, the process is faster and less likely to be the subject of any objections by the Copyright Office. In general, you should budget approximately $375 to apply for a copyright registration (including filing fees).
We have significant experience building and running anti-counterfeiting programs. This includes dispatching cease & desist letters, negotiating settlements, securing the surrender of infringing inventories and building your company’s reputation as an aggressive protector of its intellectual property.
Your company’s intellectual property could also fall prey to online infringers. We will conduct online enforcement in order to remove your intellectual property, in whatever form, from the websites of any unauthorized third parties.
Our firm has also successfully secured domain names from squatters through the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
How you respond to notices of infringement, alleging your company’s unauthorized use of a third party’s intellectual property, could be the difference between an amicable resolution and very public and costly litigation.
Let us advise your company on the development of internal policies and procedures that will give your company the tools to deal with most notices of infringement through its own and non-lawyer staff.
When your company is ready to leverage the power of its brand or original content, we can assist your company in the negotiation of favorable terms and the preparation of license agreements that assure your continued control and ownership of your intellectual property.
Our firm will meet with your staff and train your executives, buyers and marketing department on how to handle, escalate and respond to allegations of infringement. A tight procedure, consistently followed, will significantly decrease your company’s exposure.