At Wolter Van Dyke Davis, we continuously come across clients that approach us after being served with a cease and desist letter related to their company, service and/or product name. Because of this, we advise all of our clients on the importance of conducting trademark searches before coming up with a business name or new product. Our attorneys are experienced in searching, obtaining, protecting and enforcing both federal and state trademarks, trade dress, trade names and service marks for our clients. We also have close relationships with law firms all over the world and can therefore better serve our clients by coordinating the filing of foreign trademarks. Some of the specific services offered by our trademark attorneys are as follows:
- Conducting trademark searches and providing opinions regarding the ability to register a given trademark and/or service mark with both the U.S. Patent and Trademark Office (USPTO) and the State of Florida
- Filing and/or coordinating the filing of trademark, trade dress, trade name, and service mark applications with the USPTO, international trademark offices, the State of Florida and all over the world
- Preparing and filing responses to Office Actions
- Representing clients in both Opposition and Cancellation proceedings before the Trademark Trial and Appeal Board (TTAB)
- Representing clients in Uniform Domain Name Resolution Policy (“UDRP”) Proceedings regarding the use of infringing domain names in front of the National Arbitration Forum and/or World Intellectual Property Organization (“WIPO”)
- Filing Appeals with the TTAB once a Final Office Action is received
- Maintaining trademark registrations through docketing and continuous communication with clients regarding required USPTO fees and documentation
- Preparation of and responses to cease and desist letters
- Licensing and Technology Transfer
- Due Diligence in Private Equity and Mergers & Acquisitions
- Engaging in informal as well as formal negotiations prior to litigation and the drafting of settlement agreements, concurrent use agreement and/or consent agreements
- Representing trademark owners as well as those accused of trademark infringement in trademark infringement lawsuits, including those based on trade dress infringement and violation of the anti-cybersquatting statute
- Trademark Portfolio Management
