Trademarks & Service Marks
When you sell a product or service, Clark Hill attorneys will work with you to protect your trademark or service mark in a manner commensurate with your needs. We search public and proprietary databases of registered marks, both federal and state databases, and common law marks (those that are used, but not registered) to determine the viability of obtaining protection for a chosen mark. Based on similar trademarks and service marks currently being used, we analyze how strong the chosen mark may be in the context of the goods or services with which the mark will be associated.
Applications for registration are then prepared and filed with the USPTO and trademark offices abroad to preserve rights in the chosen mark based on your marketing plans. The requirements of each country's trademark office are different, and we provide details as to what is required to maintain a registered status in each country.
Intellectual Property Litigation - Represented major health insurance company in suit to compel private arbitration of dispute under Trademark Act and alleged breach of fiduciary duty regarding alleged diversion of managed care business and use of famous trademark in connection with alleged diversion.