> Trademark

One of a company's most valuable assets is its good name and the good will it has worked hard to develop. In today's rapidly changing and increasingly interconnected world, local businesses can become national, and national businesses can become international in the comparative blink of an eye. Consequently, the very survival of a company's brand can depend on its ability to successfully enforce its intellectual property rights against third-party infringers. At the same time, it is also important for businesses to understand the precise nature of their registered and unregistered trademarks, as well as to have the greatest level of confidence possible that the trademarks they choose - whether intended to be long-standing brand names or short-term slogans - will not be vulnerable to challenge from third parties.

Our firm provides all the services necessary to address all of these requirements, including:

• Assisting clients in selecting, searching and clearing trademarks
• Prosecuting and maintaining trademark registrations with the U.S. Patent and Trademark Office ("PTO") and relevant U.S. state authorities
• Counseling clients on the availability, use and enforcement of trademarks;
• Managing domestic and international trademark portfolios, including adverse matters, through a worldwide network of foreign associates
• Licensing
• Administrative litigation (i.e., opposition and cancellation proceedings) before the PTO Trademark Trial and Appeal Board and the courts
• Enforcement
• Domain name registration, renewal, and monitoring
• Domain name dispute resolution, including administrative procedures under the ICANN Domain Name Uniform Dispute Resolution Policy (UDRP) and similar policies, as well as judicial remedies

Over the years, we have successfully applied these capabilities to secure and enforce our clients' valuable trademark rights, resolve disputes where possible, and otherwise provide our clients with advice that combines legal expertise with a practical understanding of the realities of today's business world and the critical role that protecting a company's valuable intellectual property plays in it.

The U.S. and the Madrid Protocol

The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the "Madrid Protocol") went into effect in the United States on November 2, 2003. The Madrid Protocol is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application. The International Bureau of the World Property Intellectual Organization in Geneva, Switzerland administers the international registration system, which, as of November 2003, had 61 member countries. However, U.S. trademark owners must file their applications for registration in this system ("International Applications") through the U.S. Patent and Trademark Office, rather than directly at the International Bureau.

Deciding whether registration under the Madrid Protocol is advisable requires an analysis subject to many considerations, and our firm, having the necessary expertise, can guide trademark owners through the varied avenues open to them not only through the Protocol but other regional options such as the European Union's Community Trademark Registration (a "CTM").