In an increasingly competitive marketplace, your business can successfully command a significant advantage in the minds of their customers by establishing and maintaining a strong brand identity. At Lauture IP, LLC, we counsel creatives and companies across all industries on how to develop and protect a distinct brand identity to help your business stand out. As brands grow and evolve, we are here to guide you at every stage, counseling on trademark clearance, identifying possible barriers, monitoring for counterfeits, and maximizing the value of trademark rights.
We understand the challenge that you may face in shielding your goodwill from trademark infringement and dilution. With a diligent eye on your bottom lines, we offer comprehensive solutions for trademark policing. We enable you to realize the complete value of your marks and trade dress rights through aggressive prosecution of infringement, anti-dilution, anti-counterfeit, and unfair advertising cases.
Trademark Clearance
o Whether you don’t know where to look or what to look for, our trademark clearance services serve to help you avoid potentially brand-threatening issues. We analyze the strength of your mark and provide thorough comprehensive trademark search results to help determine whether there are any conflicting registered or common law trademarks and whether your mark is clear for use for your desired goods or services.
Trademark Prosecution
o Trademark registration provides significant protection for your brand. There is filing a trademark application, and there is filing the right trademark application. We assist you with the trademark registration of your desired and cleared mark by taking care of the heavy lifting.
o Office Actions: When it comes to trademark examination, the potential issues that may arise can range from simple administrative issues to complex legal issues. We will assist in managing your examination anxiety by preparing the appropriate responses to any Office Actions you may face.
Trademark Maintenance, Monitoring & Renewal
o One of the many advantages of having trademark rights is being able to enforce them and maintain your exclusivity status for your business. We can assist you with properly maintaining your trademark (e.g. applications for renewal, declaration of use/non-use, declaration of incontestability).
o We also offer services to monitor the trademark databases to alert you if someone attempts to register a mark that could jeopardize your brand’s goodwill.
Trademark Opposition/Infringement/Enforcement/Disputes
o Whether you are playing offense or defense, oppositions, infringement, and enforcement issues can cause distress. The issues can range in complexity and expense. It’s important to not tackle these issues alone, and you don’t have to! We can assist you with: trademark pre-litigation disputes (e.g. cease and desist letters, oppositions, opposition responses); drafting and negotiating concurrent use, co-existence, and related settlement agreements; and disputes before the Trademark Trial and Appeal Board (oppositions, cancellations and concurrent use proceedings). We also can help you with trademark assignments and trademark licensing.
Trademark Portfolio Management
o If your company has a portfolio of trademarks that have been used and acquired over its growth, Lauture IP can help to manage deadlines, conduct filings, and counsel your company on how best to maintain airtight trademark protection for your valuable assets. We also assess and strategize as many avenues as possible to identify and protect potential valuable rights that may have been overlooked or left on the table.
Trademark Assignments and Ownership Transfers
o You may obtain trademark protection prior to forming a business and need to assign the rights to the business. You may make changes to your business’ corporate structure or business name. In either case, it is crucial that ownership of your trademark be transferred properly through an Assignment of Rights. The assignment not only must transfer the trademark and registration, but also must transfer the goodwill of the trademark to be valid. Trademark assignments can be complicated and we are here to help with the process, identify any red flags, and advise you of any risks!