What goes into filing for a new trademark application?

Our aim is to go beyond robotically filing for new trademark applications – anyone can do that. Rather, we strive to help our clients carefully clear potential marks and ensure that our filing strategy matches their long-term goals for their business and brand. This process may include a global trademark search, deciding whether to add a design or additional terms to accomplish registration, analyzing potential enforcement issues, along with numerous other considerations regarding how the mark will be used and in which jurisdictions.

Our trademark team represents domestic and international clients, including world-famous brands and market leaders. Moreover, our clients stem from a broad range of industries including technology, fashion, retail, consumer goods, software, hospitality, entertainment, and media. It takes time to learn business and industry objectives to ensure clients are properly represented. Our trademark group includes attorneys with experience in the U.S. and abroad that have worked both as in-house counsel and in private practice. Our unique perspective and experience allows clients to tackle potential roadblocks at the onset of implementation of strategy and minimize issues brands are accustomed to discovering down the road with a standard U.S.-focused firm.

What is the reach of the trademark practice?

At Haug Partners, the trademark group is global. On any given day, we handle trademark filings, enforcement, and disputes worldwide. Our team is highly effective handling global disputes because we understand there is not a one-size fits all strategy in trademark law. We tailor each client’s specific needs, objectives, and concerns to develop the proper strategy. In doing so, we take into account the global implications of any particular action to ensure that we are consistently putting the client’s objectives first, no matter where they may be doing business.

Our team is well equipped to handle the procurement and enforcement of intellectual property rights even in the most complex regions due to our experience and close relationships with a cultivated team of local counsel throughout the world. Notably, our team has achieved considerable success and recognition in connection with our work in Latin America and China. This keeps the practice interesting for both clients and our team and it is quite unique for a U.S.-based firm.

How does Haug Partners utilize the Trademark Trial and Appeal Board to achieve client goals?

The Trademark Trial and Appeal Board (TTAB) is a very important part of our practice in handling domestic disputes. Our team has extensive experience handling all types of disputes before the TTAB including appeals, oppositions, and cancellations. By strategically utilizing the TTAB, we are able to bring pressure on another front that tends to be quicker and more cost-effective than a federal lawsuit. The TTAB is yet another example where we are able to apply our vast experience to develop an appropriate strategy, utilizing all available avenues, on behalf of our clients.

What advice would you give a prospective client about their options if someone is infringing their trademark?

Enforcement against an infringer can feel like a daunting task for clients. We aim to tailor each client’s enforcement strategy to accomplish their goals while keeping in mind important considerations such as cost, timeline, and potential publicity. Our practice utilizes a large range of enforcement measures ranging from cost-effective administrative proceedings – which can be implemented in many countries – to federal infringement lawsuits. Additionally, our team has extensive experience negotiating favorable settlement agreements on behalf of our clients. In sum, we carefully weigh options to determine the most appropriate and efficient path to achieving the objective of our client.