Trademarks

Weide & Miller offers a broad range of trademarks services at the federal, state, and even international level to clients ranging from start-up ventures to established large companies.  Weide & Miller’s trademark attorneys have a broad range of experience with assisting companies in the clearance, prosecution, monitoring, enforcement, and licensing of their trademark assets.

Before a client invests heavily in a potential trademark, Weide & Miller performs preliminary trademark screening searches in order to assist clients with determining the availability and strength of potential trademarks. Weide & Miller then works closely with clients to determine the best scope of protection after taking into account the clients’ specific needs and circumstances and to secure federal, state, and even foreign registrations of clients’ trademarks as deemed appropriate.

Weide & Miller also offers trademark portfolio management services including assisting clients with any post-registration actions that must be taken with respect to any registered trademarks, conducting trademark portfolio audits, and negotiating and drafting license agreements with third party licensees as well as trademark acquisition and assignment agreements.

Because a trademark is only as strong as its ability to serve as a unique source identifier for a client’s goods and services, Weide & Miller aids clients with the enforcement of their trademark rights by monitoring any third party trademark use or trademark application filings that may infringe a client’s existing trademark rights and by taking appropriate action to address any third party infringement discovered.  Weide & Miller also helps clients register their trademarks with U.S. Customs in order to prevent the importation of unauthorized, counterfeit goods.

Weide & Miller’s extensive background and understanding of the nuances of trademark law also allows the firm to effectively represent clients who may find themselves on the receiving end of a cease and desist letter claiming trademark infringement.  Weide & Miller counsels clients on the merits of any such infringement claims as well as the best course of action to take under such circumstances.

For clients seeking to understand and minimize any possible risk of infringing any third party trademarks, Weide & Miller also provides trademark infringement analysis and legal opinions in order to give clients some degree of security that the particular use of a mark will not infringe any third party rights.

Weide & Miller’s Trademark Services include the following:

  • Trademark Selection and Usage Counselling
  • Trademark Clearance Searches
  • Preparation and Filing of Federal, State, and Foreign Trademark Registration Applications
  • Trademark Registration Prosecution including office actions responses, requests for reconsideration, and ex parte appeals
  • Post-Registration Maintenance and Renewals of Trademark Registration
  • Negotiating and Drafting Trademark License Agreements, Coexistence Agreements, Consent Agreement, and Assignment Agreements
  • Trademark Monitoring
  • Trademark Enforcement
  • U.S. Customs Trademark Recordation
  • Sending and Responding to Cease and Desist Letters
  • Representing Plaintiffs and Defendants in Trademark Infringement Litigation
  • Preparing Trademark Infringement Opinion Letters