Best & Flanagan


Intellectual Property: Trademarks & Service Marks

Trademarks are distinctive words or symbols used in connection with the sale of goods and services. Trademarks are often the key identifier of an organization.

We understand the value of trademarks to both businesses and nonprofits, and how to ensure their thoughtful selection, use and protection. The trademark process requires advance planning to ensure that the mark is sufficiently unique enough to enable registration, and that it is not confusingly similar to one already in use by another entity.

Our lawyers work with a wide variety of clients in both the business and nonprofit areas through the entire branding and trademark process, including:

  • Trademark and branding analysis and selection
  • Trademark clearance searches
  • Trademark registrations
  • USPTO opposition proceedings
  • Trademark policing, enforcement and infringement litigation
  • Trademark licensing and standards of use

We work with our clients to identify and select trademarks, run trademark clearance searches, as well as obtain federal, state and international trademark registrations. After initial registration, we continue to work with our clients on an ongoing basis to protect such assets. Trademarks require regular monitoring to avert the risk of dilution by competitors using confusingly similar marks. We enforce the rights of trademark owners through cease and desist letters and negotiations, opposition proceedings and infringement litigation. We work with clients who license their trademarks to ensure the best terms for the license and the enforcement of brand standards.