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Trademark and Brand Protection

In the modern global business world, Fitch, Even, Tabin & Flannery LLP helps companies of all sizes—including those with some of the best-known global brands—manage and protect their brand portfolios. We often work with correspondent law firms to register, maintain, and enforce brands in 220 or more countries, including even the smallest and most-obscure jurisdictions. Our global capability is especially important as the proliferation of social media outlets and other new distribution channels makes protecting brand identity a key business priority.

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.

A unique aspect of our extensive experience in dealing with trademark-examining attorneys within the USPTO involves our experience in pursuing ex parte appeals when those attorneys have refused registration. We have often secured reversal of the findings by trademark-examining attorneys, resulting in the Trademark Trial and Appeal Board directing registration of our clients’ marks. 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. Fitch Even attorneys have actively participated in hundreds of oppositions around the world to protect our clients’ trademark rights.

Fitch Even manages portfolios of many hundreds of marks and assists our clients in aggressively policing and exploiting their marks around the world. This includes working with U.S. Customs to register trademarks and prevent infringing imports from being brought into the United States as well as into other countries. We also provide our clients with day-to-day advice regarding potential infringement of their trademarks, as well as avoidance of competitor's trademarks. We use trademark databases to keep marks current and monitor any infringing uses or attempted registration of our clients’ trademarks and domain names.

When necessary, Fitch Even lawyers handle a variety of cases involving claims of trademark infringement, counterfeiting, trade dress infringement, dilution, and unfair competition in the state and federal courts. Combining that with our leadership in trademark registrations and oppositions and our seasoned advice on brand development and licensing opportunities, Fitch Even protects the brand identities of clients at every stage of their development and use worldwide.

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