Trademark Attorney

Trademark Attorney Legal Services and Trademark Filing

“We show clients how to protect their product, service and business names.”

Your company’s intellectual property (including trademarks, service marks, brands and business names) can be its most valuable asset.  If not properly protected, it can become subject to misuse by others, including competitors, which can have significant adverse consequences.  We provide a wide range of trademark and intellectual property services to our clients to better ensure that their trademarks and intellectual property are fully protected.

Having worked with individuals and business for over 20 years, I understand the legal issues associated with protection of trademark assets.  Availability and registration issues need to be undertaken.  Ownership interests need to be considered and intellectual property assets might need to be legally transferred to a holding company or new entity.

I can guide you through these and related issues to make sure you are set up for success, not only now, but in the future.  The Law Office of John Burton, PLLC is uniquely positioned to help you:

  • Protect your right of trademark ownership;
  • Secure your right to control use of and prevent others from using your trademark(s); and
  • Insuring your right to realize the maximum value of your trademark(s).

Trademark Clearance and Availability Searching

The most important step in choosing a trademark is to ensure that it is available and you are free from potential infringement claims by third-parties.  Trademark clearance refers to the process of searching pre-existng marks that are the same or similar to the proposed mark and assessing whether or not your mark is available for use and free from substantial risk.   Intellectual_Property_Law_Primer


Trademark Registration and Trademark Filing

Common law trademarks are created upon first use of the mark for the respective goods or services (service mark) through actual commercial use.  The best means of protection available is to obtain a federal registration with the US Patent and Trademark Office which provides valuable statutory presumptions including that your federal registration is constructive notice that you have the right to use your trademark throughout the entire United States, even if your mark is not being used in every state.  There are specific requirements to be eligible for a federal registration and we will guide you through this process.

Proper registration is critical, as there are many classes for which registration may be made, and trademark filing in one or more classes may be desirable to obtain the broadest scope of protection in addition to filing your mark in both word and logo format.

We work with clients to define the specific trademarks and class categories for which trademark (and service mark) registration will be sought, conduct trademark availability searches, prepare trademark filings, interact with the U.S. Patent and Trademark Office Examiners when issues arise concerning the prosecution of your application handle opposition and cancellation litigation before the Trademark Trail and appeal Board and we prepare necessary  registration renewal filings.  We also handle large company trademark portfolios to ensure that your marks are fully protected, including timely renewal filings.

Ongoing Trademark and Intellectual Property Protection

Trademark registration is only one part of trademark and intellectual property protection.

Our firm is well-experienced in trademark protection, and we regularly provide counsel on brand management, advertising, global trademark protection and enforcement, oppositions and cancellations before the U.S. Patent and Trademark Office, policing, cease and desist activities, intellectual property litigation, trade dress, dilution, unfair competition and franchising matters.  We also directly conduct or oversee trademark litigation and arbitration matters.

Call Me Today

Our firm is here to serve entrepreneurs and business owners.  Call us today, (602) 617-8516, for a complimentary telephone consultation and let me show you how we can help you or your businesses with your important trademark needs.