Brand Protection

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Our extensive experience in all commercial areas concerning trademarks and trade dress often begins with counseling clients on branding strategies and the initial selection of a mark or design, conducting extensive trademark availability searches, and providing opinions. That can include assessing trade dress rights in product configurations, packaging, and business decor. We then prepare and prosecute trademark registration applications in the U.S. Patent and Trademark Office (USPTO) and police the infringement of trademarks once they are granted.

We work with clients to develop brand related business plans, and to establish, market, and grow their intellectual property assets. In addition, our firm is prepared to conduct strategic audits of existing brands as a precursor to any IP asset acquisition or transfer.

We can pursue ex parte appeals when the USPTO has refused registration. We can reverse the findings of trademark-examining attorneys so that the Trademark Trial and Appeal Board directs registration of your mark. Similarly, in the U.S. and other countries, we are highly skilled in the unique procedural requirements of opposition proceedings when other companies object to the registration of our clients’ marks, as well as when we object on behalf of clients to the registration of infringing marks. 

Our Trademark Monitoring, Customs Recordal, and Trademark Clearinghouse services can identify violators early. If competitors are attempting to trade on your goodwill in the marketplace, diluting the distinctiveness of your famous mark, or flat out infringing, we can agressively defend your rights. Often a cease and desist letter is the simplest way to resolve a dispute. Lehner Law LLC can carry out our clients’ threats with litigation.

Our IP Portfolio Management can identify docketing errors made by prior trademark firms. Often law firms or prior brand owners improperly record crucial deadlines which result in the loss of rights. Lehner Law LLC audits all Intellectual Property owned by Portfolio Management clients to ensure that docketed deadlines and other mark information is accurate. We will work with you well in advance of the deadlines so that you do not inadvertently lose protection.

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