At Mandelbaum Barrett PC, our Intellectual Property (IP) team understands that securing and protecting your brand is key to building a successful business. Obtaining a federal trademark is often a critical step, allowing businesses to enforce their rights and protect their unique identities in federal court. However, trademark protection doesn’t end there. There are alternative proceedings that can help resolve disputes quickly and affordably, ensuring your brand is safeguarded throughout the trademark process.
Trademark Litigation and Alternative Proceedings: Securing Your Rights
Trademark litigation allows businesses to enforce their trademark rights in federal court. When you receive a federal trademark from the United States Patent and Trademark Office (USPTO), it grants you the right to bring legal action in federal court to protect your brand. But for many trademark disputes, alternative proceedings exist that can save time and cost. These “mini litigations” through the USPTO can often settle conflicts without the expense of a full court case.
The Publication and Opposition Process
Once you file for a trademark, and the USPTO preliminarily approves it, the trademark is published. Publication opens a 30-day window, during which anyone can file an opposition if they believe the mark should not be registered. This step offers an opportunity to resolve disputes in a streamlined proceeding at the trademark office, where both parties submit evidence to argue their case. Although less formal than federal court litigation, this opposition process can involve witness testimony and document review, providing a cost-effective alternative for resolving potential conflicts.
When Federal Court Litigation May Be Necessary
Federal court litigation usually occurs after you’ve successfully registered your trademark. However, certain disputes may require a more formal litigation process to fully protect your brand, especially when infringement impacts your business on a national scale.
Guiding You Through Every Step
Mandelbaum Barrett PC’s IP attorneys, including Lucian C. Chen, Head of Patent Litigation & Prosecution, and Todd M. Nosher, Co-Chair of Intellectual Property & Brand Management, are here to help your business navigate both federal court and USPTO proceedings. We work to secure the protection your brand deserves while prioritizing efficient, affordable solutions to keep your business moving forward.
Contact Us for Trademark Guidance
If you’re looking to protect your brand through trademark registration, opposition proceedings, or litigation, contact Lucian C. Chen at lchen@mblawfirm.com or 212-324-1876, or Todd M. Nosher at tnosher@mblawfirm.com or 973-243-7952. Let us help you secure and defend the trademark rights that are essential to your brand’s growth and success.