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Service Areas: Trademark

MWZB has a thriving trademark, unfair competition and domain name practice that meets the needs of clients of all sizes across a broad range of industries. Our group comprises six attorneys with combined experience of well over 100 years in the field. In all facets of our practice, we are devoted to providing high quality, personalized services in a cost-effective manner.

We routinely counsel clients on a full range of trademark, unfair competition and domain name matters, including the following:

Trademark selection and clearance: Our attorneys render hundreds of opinions annually on the availability of proposed new marks for use and registration.

Domestic and foreign prosecution of applications for registration: MWZB is prosecuting thousands of applications directly at the U.S. Patent and Trademark Office (PTO) and internationally through a carefully cultivated network of trusted foreign associates. In both domestic and foreign matters, our clients benefit from the unique prosecution perspectives of our three attorneys with substantial experience as PTO Examining Attorneys.

Maintenance of trademark registrations: MWZB typically offers flat rates for handling this critical function in the life cycle of a trademark.

Auditing of packaging and advertising: We review existing and draft packaging and promotional materials to ensure proper use of clients’ marks and appropriate trademark notation. This can help to avoid problems such as the devaluing of a mark through its inadvertent use as a generic term or descriptor.

Enforcement of trademark rights and monitoring of third-party activities: A successful brand will spawn imitators, ready to reap where they have not sown. This can result in, among other things, loss of market share for the brand owner and devaluation of its trademark. To minimize this risk, MWZB stands ready to assist clients with the development and implementation of a strategically-sound and efficient enforcement program, including the use of “cease and desist” letters and appropriate follow-ups.

Administrative and civil litigation: When litigation is necessary, MWZB offers several attorneys with the unique combination of a strong substantive background in trademark/unfair competition law and extensive experience in representing both plaintiffs and defendants in administrative litigation before the PTO and in civil litigation before the federal courts.

Domain names: MWZB has a long history of success in handling domain name acquisitions, transfers, dispute resolution proceedings before various arbitration forums and litigation under the Anti-Cybersquatting Consumer Protection Act.

Transactional: MWZB’s attorneys are experienced in a wide range of transactional matters, including trademark transfers, acquisitions and licensing and due diligence reviews.

Board proceedings and appeals: The TTAB is an administrative court within the U.S. Patent and Trademark Office that decides various types of trademark cases. These can include appeals from decisions by trademark examiners denying registration of trademarks as well as proceedings filed by competitors or others against a trademark application or registration. A ruling of the TTAB can be appealed to a U.S. district court or to the U.S. Court of Appeals for the Federal Circuit. MWZB’s experience in prosecution, enforcement, and litigation all come together in providing a knowledgeable path through these proceedings and appeals.

Trademarks (and related domain names) are critical components of any business. Indeed, they often are among a company’s most valued assets. MWZB’s attorneys have the know-how, sophistication and creativity required to protect, maintain and enhance your company’s marks and the reputation and goodwill that they symbolize.

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