Trademarks

Strategic counseling and registration services are vital to protecting trademarks on a worldwide basis. We assess new brands, company names, and slogans, and evaluate their protectability and potential strength. Once trademarks are selected, we work to develop an effective protection strategy domestically and abroad and meet with the client regularly to review trademark portfolio issues and goals.

Insigne trademark lawyers work with clients across the globe to address all facets of trademark clearance, prosecution, and enforcement, helping clients to secure and strengthen their brands worldwide.  Drawing on vast experience and domestic and international resources, we work efficiently, collaboratively, and creatively with clients to develop and protect trademarks of all types and enforce our clients’ exclusive rights when necessary.

In addition to trademark clearance and registration, we collaborate with our clients to create and implement policing programs, and also work directly with clients’ distributors to review the varied ways infringement can take place so that they can guard against violations. Our approach to protecting clients begins long before filing a complaint. When necessary, however, we protect our clients’ valuable trademarks, trade dress, or Internet domain names in court, the United States Patent and Trademark Office (PTO), the United States International Trade Commission, and through domain name proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP).

When appropriate, we send cease and desist letters and lead or facilitate negotiations with violators to reach resolutions outside of court. We have initiated or defended — and successfully concluded — a host of administrative and court proceedings to protect IP assets. When necessary, we draw upon our national cadre of experienced litigators to pursue infringers and counterfeiters.

Insigne prepares and files a wide variety of trademark and service mark applications with the United States Patent and Trademark Office and supervises registration on a worldwide basis. Our sophisticated computer database lets our attorneys and experienced paralegals track clients’ trademark holdings and keep abreast of deadlines for appeals and renewals.  Where necessary, we handle opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the PTO.

Often franchising or licensing trademarks are common but also fairly complex. Our professionals handle both regularly, as well as protecting marks in mergers and acquisitions, asset sales, outsourcing arrangements, and joint ventures. We also have assisted many clients in using their intellectual property to serve as collateral to secure loans to fund their growing businesses. In keeping with a trademark group of our size, we also negotiate and finalize a broad range of contracts and agreements for our client, including those in established areas such as merchandising, product placement, non-compete clauses, distribution, and manufacturing rights, as well as newer fields such as online distribution and marketing.

Our trademark practice is global. We manage the registration of marks in countries worldwide and represent clients in opposition proceedings, third-party disputes, and assignments of rights negotiations. Through our network of associates — local practitioners everywhere — we combine our familiarity with our clients’ needs to assure compliance with local law.

Domain names and web addresses have a particular currency as our clients leverage the power and reach of the Internet for global users. But with immediacy comes complexity and controversy.  Insigne’s deep expertise in the acquisition, protection, and resolution of disputes related to domain names is based on critical skills that distinguish our Intellectual Property practice from many others.

Insigne attorneys were at the forefront of the development of domain name registration and regulation.  We have been instrumental in addressing cybersquatting and using the UDRP and ICANN proceedings to efficiently solve domain name disputes, and also serve as UDRP panelists through the World Intellectual Property Organization (WIPO).  As the Internet continues to evolve, we help clients understand how new regulations and developments could affect them. We regularly address issues surrounding affiliate networks, spam, security, and privacy.  Whether your concern relates to rights afforded under the Anti-Cybersquatting Consumer Protection Act or how the UDRP or other domain name systems could impact your business, we can guide you.