Trademark Portfolio Enforcement
As part of our Trademark practice, we provide trademark portfolio enforcement litigation services.
Building a trademark portfolio, family of marks, and brand recognition is costly and challenging, but results in invaluable assets. Therefore, enforcement and policing of trademark rights is of great importance to maintain those IP rights and value.
Our trademark attorneys handle trademark portfolio enforcement to manage trademark rights in the US and internationally. We develop strategic protection programs custom tailored to our client’s global trademark portfolio needs.
Programs
Developing a plan for enforcement of trademark rights should be carefully and cleverly handled to ensure the best value is obtained from such efforts. The better a brand becomes, the more it is susceptible to trademark infringement and counterfeiting. With the ease manufacturing fake goods in China and selling of product online, policing of IP rights is detrimental. Maintaining your brand quality as well as your company’s goodwill requires active monitoring and quashing of infringers. We work with clients to build custom intellectual property enforcement programs to defend trademark rights and protect their trademark portfolios worldwide.
We offer the following type of trademark enforcement programs as well as develop customized enforcement plans and programs specific to our client needs:
Trademark Monitoring and Watch Services
Competitor Tracking
Reseller & Authorized Dealer Monitoring (MAP, UPP) on Amazon, eBay, etc.
Worldwide Domain Monitoring for Trademark Infringement
Defensive Domain Name Registration and Maintenance
Social Media Monitoring and Enforcement
Cease and Desist Programs Coupled with Trademark Litigation
Periodic IP Due Diligence Reviews
Strategic Trademark Licensing
TM and Brand Use Guidelines and Policies
Defensive Registration
Often, a company decides to spend on growing their trademark portfolio in countries in which they are already doing business. However, in some countries trademark rights can be acquired without use in commerce. Therefore, third party would-be infringers file for trademark rights in these first-to-file jurisdictions with intent to prevent a brand from entering the marketplace without their allowance. Additionally, some infringers start to sell counterfeit product in the jurisdiction under the brand, tarnishing the reputation of the brand in that country.
For these reasons, we offer defensive trademark registration in first-to-file trademark countries to prevent third parties from infringement. In addition, we counsel on international trademark registration and protection with the advantage of international treaties. For example, the Paris Convention and the Madrid Protocol provide some advantages in international trademark protection.
European Union after Brexit
Brexit is a complicated issue that has left many unanswered questions of law between the United Kingdom and the remaining European Union member countries. The protection of trademark and other intellectual property rights in the UK and EU after Brexit is still unclear. However, we provide guidance regarding Brexit. We advise trademark holders on expectations and measures to take. Our extensive network of foreign associates throughout Europe that help advise on expectations in intellectual property rights after Brexit.
Litigation
We have extensive experience enforcing trademark portfolios. Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page, including Trademark Litigation and Trade Dress Litigation. See also our Anti-Counterfeiting and IP Enforcement overview page for greater detail of our IP enforcement services.
Additional Insights
For more information on trademark portfolio, see our Legal Insights and Industry Solutions pages.
