Notices are then faxed to the client along with a chart showing certain predetermined fact information about the applicant, sufficient enough for the client to determine the level of commercial threat, and an instruction sheet to us for the client to return by fax. If a client chooses to oppose registration of a third-party's trademark, before filing an action with the Trademark Trial and Appeal Board or their international equivalents, the attorneys will try to informally resolve the dispute with the other party. The attorneys also defend clients in opposition proceedings filed by other companies world-wide who wish to prevent registration of one or more of our client's marks. Again, emphasis is placed on settling the matter quickly to avoid litigation costs whenever possible, or perhaps canceling the mark opposed by the other party where the mark is deemed not sufficiently valuable enough to justify the costs of continued opposition. When a client discovers that someone may be infringing upon its trademark, domain name, copyright, trade secret or patent, the dispute resolution team conducts preliminary fact research on the background of the potential infringing party and the nature of their use of the mark.
Every effort is made to negotiate a resolution of the problem prior to filing a lawsuit.
After determining that the infringing party is indeed violating the law in a manner that poses a threat to the client, the attorneys send a cease and desist letter. Third parties often stop their infringing activities when confronted with the results of the team's careful research. If the infringement continues, a lawsuit can be quickly initiated because the factual and legal analysis has already been prepared. All Rights Reserved.