Trademark Registration & Protection
A trademark is a form of intellectual property that identifies and distinguishes the source of goods or services. Trademark rights can be established through actual use in commerce or by registering the mark with the appropriate trademark office, such as the United States Patent and Trademark Office (USPTO). Some jurisdictions recognize trademark rights based on usage alone, while others require formal registration.
In the United States, federal trademark protection is only granted to marks that have been used in commerce.
Benefits of Trademark Registration
Registering a trademark grants the owner exclusive rights to use the mark for the goods or services specified in the registration. It also provides the legal authority to:
✔ Prevent unauthorized use of identical or confusingly similar marks
✔ Protect against brand dilution, even for unrelated goods or services in some cases
✔ Establish a stronger legal foundation for enforcement and litigation
Trademark rights are territorial, meaning they only apply within the country where the mark is registered. However, international trademark systems can facilitate protection across multiple jurisdictions.
International Trademark Protection
While no global trademark registration exists, the Madrid Protocol allows for streamlined trademark protection in multiple countries.
The Madrid Protocol is an international treaty administered by the World Intellectual Property Organization (WIPO), which provides a centralized process for obtaining trademark protection in over 130 countries. This system enables businesses to file a single international application to seek trademark protection in multiple jurisdictions, rather than filing separate applications in each country.
However, Madrid System registrations do not create a single "international trademark." Instead, they result in a bundle of national trademark registrations, each governed by local laws.
The United States and the European Union joined the Madrid Protocol in 2003 and 2004, respectively, making it easier for businesses to secure trademark protection in major global markets.
Trademark Oppositions & Cancellations
Trademark Opposition
After a trademark application is approved and published, third parties may file an opposition to prevent registration if they believe the mark conflicts with their existing rights. If an opposition is unsuccessful, the trademark proceeds to registration.
Trademark Cancellation
Even after registration, trademarks can be challenged through cancellation proceedings. Common grounds for cancellation include:
✔ Likelihood of confusion with an earlier trademark
✔ Lack of use (in jurisdictions requiring active use)
✔ Fraud or misrepresentation in the registration process
Our firm assists clients in defending trademarks against opposition and cancellation challenges, as well as enforcing rights against infringing parties.
Why Choose Us?
With extensive experience in domestic and international trademark law, we help businesses protect, enforce, and maximize the value of their brand assets. Whether securing a new registration, navigating opposition proceedings, or expanding protection worldwide, we provide strategic legal guidance tailored to your business goals.