Trademark Prosecution & Global Brand Protection
Safeguarding enterprise brand identity, commercial goodwill, and product names. We conduct comprehensive trademark availability searches, execute strategic USPTO trademark filings, and manage international brand portfolios.
Consult on Brand Protection
Securing Exclusive Brand Ownership & Clearance
Launching a new product, software platform, or corporate brand without rigorous trademark clearance exposes your company to costly rebranding requirements, federal trademark infringement claims, and domain disputes. A trademark clearance investigation verifies that your proposed mark is legally available and does not create a likelihood of confusion with existing registered trademarks.
At Weber Rosselli & Cannon LLP, our senior partners manage multi-layered trademark searches across the United States Patent and Trademark Office (USPTO) register, state registries, common law business databases, and domain registries. We evaluate mark strength, distinctiveness, and potential likelihood-of-confusion risks before significant capital is committed to branding and commercial rollouts.
When registering your mark, we draft precise Class descriptions under the International (Nice) Classification system to ensure broad protection for your current offerings while preserving room for future product line expansions.
USPTO Office Action Response & International Expansion
During prosecution before the USPTO, trademark examining attorneys routinely issue Office Actions raising procedural refusals or substantive Likelihood of Confusion (Section 2(d)) and Merely Descriptive (Section 2(e)(1)) rejections. Our attorneys excel at overcoming complex USPTO refusals by presenting technical legal arguments, distinctiveness evidence, and coexistence precedents.
For expanding enterprises, domestic brand protection is only the initial step. We structure and manage international trademark registration campaigns leveraging the Madrid Protocol and direct foreign filings across key commercial markets in Europe, Asia, and the Americas.
Additionally, we counsel clients on brand enforcement strategies—issuing targeted cease-and-desist demands, managing trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB), and establishing domain dispute protections under the UDRP framework.
The Trademark Lifecycle
Brand Clearance Search
In-depth search across USPTO, common law, and international databases to verify mark availability and assess confusion risks.
Application Strategy & Drafting
Structuring intent-to-use or use-in-commerce applications with precise class classifications tailored for long-term brand coverage.
USPTO Prosecution & Defense
Navigating examination, overcoming substantive Office Action rejections, and managing official publication phases.
Global Madrid Protocol Filings
Extending brand protection into key foreign markets via centralized Madrid Protocol applications and local associate networks.
Enforcement & Maintenance
Monitoring brand infringement, filing Section 8 & 15 maintenance declarations, and maintaining continuous protection.
Trademark & Brand FAQs
A patent protects functional technological inventions, mechanical devices, software processes, or chemical compositions. A trademark protects brand identifiers—such as company names, logos, slogans, or product designations—that distinguish your goods or services in the marketplace.
An Intent-to-Use application establishes an official priority filing date before your product or service actually launches in the market. This reserves your brand name and prevents competitors from securing rights while your product is in development.
On average, the standard USPTO examination process takes between 8 and 14 months from the initial filing date to registration, depending on whether the examining attorney issues Office Actions or if third parties oppose the application during publication.
We perform a likelihood of confusion analysis evaluating the similarity of the marks and the commercial overlap of the goods or services. Depending on the findings, we may recommend a strategic design-around, negotiate a coexistence agreement, or select a stronger mark.