Creating, maintaining, and protecting a well-recognized and well-respected trademark is fundamental to successful branding.  A trademark or service mark is a key component of a brand’s identity, and one that encapsulates a brand into a single, striking impression.  As such, a brand should work proactively to foster strong protection for its trademarks and branding.

Protecting a trademark often involves monitoring and preventing trademark  infringement that presents a serious threat to the well-being of a company or organization.  Over time, infringement can chip away at a brand’s reputation and consumer loyalty.  A trademark owner has an affirmative duty to police their trademarks or risk losing them through abandonment or inaction.  In addition, failure to enforce a trademark can give the infringer certain defenses based on the equitable legal doctrines of acquiescence, estoppel, or laches.  Also, trademark registrations must be formally maintained.  In the U.S., affidavits and proof of use must be periodically filed with the U.S. Patent and Trademark Office or the trademark registration will be cancelled.

A brand requires these elements to stay competitive in their market and maintain profitability.  By protecting its marks, a brand is better able to protect the integrity of the entire organization.

We offer expertise and advice from the very beginning, by advising clients on strategies for selecting the strongest possible mark for registration.  This process includes due diligence and availability searches that allow us to give informed and practical opinions.  Taking this time early in development aids our clients in minimizing the potential problems they may face with their branding in the future.  Once the mark is selected, we have the expertise to navigate the trademark registration process with the US Patent & Trademark Office.  Based on experience, we anticipate issues that can arise in the process of registering trademarks and act to minimize their impact.  Once the mark is registered, our team will ensure that the future maintenance deadlines are properly in place and all maintenance requirements are met.

We understand the degree to which our clients value and invest in their brands and reputations.  To achieve the highest possible level of protection, a top-quality legal team is essential.  The trademark attorneys at Thomas|Horstemeyer have the extensive knowledge and experience required to help our clients select, protect, maintain, and enforce their marks and optimize them for success in any field or industry.  Our attorneys are well versed in the complexities and challenges that face trademarks, both domestically and internationally.  Our team is equipped with a deep knowledge of trademark law, developed over many years of trademark practice and personal experience.

Should there be an issue with infringement or question of whether another party’s use is indeed an infringement, our trademark litigators provide effective enforcement of trademarks.  Our approach is to seek practical resolutions where possible, and to work with the client to achieve the best possible outcome for protection of the mark.  If necessary, our team is ready to respond with aggressive litigation or other legal remedies in Georgia state courts, Federal courts, and alternative dispute resolution settings.  We have achieved resounding success in litigating issues associated with trademark infringement, including counterfeiting, dilution, false advertising, and gray-market goods.

Our Trademark Practice team has experience working with a wide variety of clients.  We have worked with businesses of all sizes, operating across many different industries, to protect their trademarks and branding.  Some of these industries include:

  • Biotechnology
  • Chemical engineering
  • Cloud computing
  • Computer architecture
  • Electrical engineering
  • Mechanical engineering
  • Mobile applications
  • Pharmaceuticals
  • Defense and military applications

For clients with trademark development, management, and protection needs, we offer a range of services, such as:

  • Trademark selection and clearance
  • Trade dress and protection of designs
  • Due diligence
  • Trademark prosecution and maintenance (domestic and international)
  • Trade practice and antitrust issues
  • Domain name administrative proceedings
  • Licensing
  • Portfolio management
  • Oppositions and cancellation proceedings before the U.S. Patent and Trademark Office
  • Civil litigation, including:
    • infringement and dilution cases
    • counterfeiting
    • gray-market goods
    • false advertising
    • cybersquatting