Trademarks and Trade Dress - Lucas & Mercanti, LLP

Trademarks and Trade Dress

Both trademarks and trade dress help identify your goods and services as your own. What is a trademark, and what is a trade dress? A trademark is a recognizable identifier, such as words, designs, logos or colors associated with your business, while trade dress encompasses the visual appearance of your goods or services and packaging. These identifiable marks – and the “look and feel” of your goods – inform consumers that you are the source of these goods. Corporate and product identity is the very foundation of your company’s good will and continued success. Through our extensive experience and global network of professionals, we can manage and protect your identity world-wide.

As you develop your corporate and brand identities, we work closely with you to ensure that legal issues do not hinder your efforts. Our experience and foresight helps to mitigate costly disputes, including possible trademark infringement lawsuits. Our comprehensive services include:

  • All aspects of trademark preparation, prosecution, and post-registration filings, including trademark and trade name availability searches to determine whether “a likelihood of confusion” or other issues exist
  • Monitoring of your industry to identify parties that may be infringing or diluting your existing trademarks, using confusingly similar marks, or counterfeiting your products
  • Cease and desist letters and negotiations if an infringing party is identified
  • Litigation and trial if a dispute cannot be avoided

We respond decisively when our clients’ trademarks are infringed or the clients are accused of infringement. We represent owners and defend accused infringers in civil actions in both federal and state courts, and in opposition and cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”) of the USPTO. We also represent clients before the International Trade Commission, particularly in matters involving claims of trade dress infringement. In addition, we take aggressive action against counterfeiters, seeking emergency injunctive relief to enjoin illegal distribution efforts of the counterfeited goods, and assisting law enforcement with ex parte seizures of the infringing goods. Our global network of trademark firms and attorneys allows us to provide global brand protection quickly and at reasonable costs.

For those who wish to license their trademarks or trade dress – through franchising agreements or otherwise – we understand the importance of maintaining control over your intellectual property to ensure that they are being used appropriately and as you had envisioned. We have ample experience drafting agreements specifically tailored to our clients’ specific requirements and situations. We ensure that your name, identity and goodwill remain untarnished and well within your control at all times.