Trademarks

Trademarks are important not just to businesses, which need to protect their brands, but to consumers, who need to understand the origin of the goods and services they buy.

Our lawyers have assisted in the registration of many thousands of trademarks that help to avoid any confusion or brand infringement. We work on behalf of a wide range of organizations, from commercial brands to public institutions. Withers’ global reach enables us to help wherever you are – or would like to be.

We provide a full service from trademark creation through to portfolio renewal. Our experience enables us to advise not just on the process and options such as trademarks, service marks and registered trademarks, but on strengthening the brand itself.

We will keep you updated at every stage, from conducting clearance searches to prosecuting your application, liaising with trademark agencies on your behalf until the application is approved.

Starting early is a good idea, advises Steven J Moore, based in our Greenwich, CT office. “It could be more cost-effective to file a trademark application before you’re ready to use it. We acted for a farm that wanted to produce a canned product, starting when it was still growing its trees. We got into the back and forth of refining their logo and now the application is already approved and published ready for them to sell their product.”

Thinking globally

It’s also wise to think globally – conducting searches in different markets before applying for your first trademark. If you wish to file applications in several countries simultaneously, your Withers lawyer will create and lead an international team of attorneys who know how things work on the ground. This made for a smooth process for a client that recently applied for trademarks in seven countries.

Trademark infringements are a big concern, and we have acted many times to enforce a client’s rights – for example stopping an unlicensed business selling hats bearing the name of a major New York museum. If necessary we will obtain injunctions and/or bring litigation to protect your brand.

Finally, dates are important in trademark protection. You can rely on our team to stay on top of your portfolio, renewing and expanding your protections whenever required.

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15 September 2016 - Article

Protection of colored trademarks in Asia


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Recognition

Studio dell'anno, fashion

Studio dell'anno, fashion

‘‘

We needed a legal advisor that could go beyond sound legal knowledge to understand our brand culture and the way in which we engage with our customers. The team took the time to get to know us and this has informed their advice on protecting our trademarks, website and mobile app.

David McQuillen - The Sufferfest
‘‘

The team at Withers has been a great support to the creative development of our brand over the years, providing legal advice that has given us stability, and that is always informed by the firm’s deep understanding of the fashion industry.

Preen

Meet the team

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Track record

US technology company

Advised in the acquisition by a US technology company of software and intellectual property assets from an embedded software company in Moscow and related technology service agreements with an affiliated entity in British Virgin Islands.

International beer manufacturer

Advised an international beer manufacturer on trademark infringement in Singapore.

Italian wine manufacturer

Managed the trademark portfolio of a leading Italian wine manufacturer.

Trademark injunction

Obtaining a unique form of injunction in relation to a claim for passing off, whereby the defendant was forbidden from using their own trade name because it had been coupled with our client's well-known brand.

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