Trademarks

Practices Trademarks

Turn to AdamsIP for Guidance from a Specialist, Alabama Trademark Lawyer

Trademarks are the essence of a brand. Business and product names, logos, and slogans, when properly protected with the help of an Alabama trademark lawyer, generate significant and long-term value. Trademarks are often a company’s most valuable asset, so thoroughly intertwined with the business it is difficult to extricate the two.

Given the increasingly large role intellectual property plays — especially true of trademarks in the digital age — it’s vital that businesses protect their assets.

AdamsIP is a full-service intellectual property law firm with an experienced trademark practice grounded in achieving positive outcomes  — from startups filing for their initial trademarks to established corporations requiring trademark maintenance and renewal.

• Trademark Searches
• Trademark Opinions
• Trademark Applications
• Trademark Litigation
• Trademark Contracts 
• Trademark Maintenance & Renewal 
• Trademark Enforcement

We coordinate IP strategy at every level: local, regional, national, and global. This is particularly relevant in the international trademark context, where regulatory issues tend to vary significantly between jurisdictions.

Our Attorneys Do More Than Just Filing Your Trademark Application

Comprehensive trademark protection requires more than filing a trademark application. Each Alabama trademark attorney from our firm is well-equipped to enforce trademark rights (i.e., canceling conflicting marks), advise on trademark strategy (i.e., licensing and trademark monetization), and explore the long-term implications of a client’s trademark portfolio on its brand.

We are business lawyers with an “eye” for IP. Simply put, our firm is fundamentally concerned with the impact that a legal decision — whether trademark or otherwise — will have on the client’s business. 

Real-World Results

We have excellent results securing and enforcing trademark rights before the U.S. Patent and Trademark Office, including the Trademark Trial and Appeal Board (TTAB). 

We attribute our success to our tailored focus. We conduct the proper due diligence and work hard to execute a thoughtful trademark strategy.

Enforcement Services Offered by Our Alabama Trademark Lawyers

A key feature of trademarks that distinguishes them from other forms of intellectual property is that they arise through use and remain in force only so long as they are actively being used in commerce. If a trademark holder stops using a trademark or allows a third party to infringe the trademark on an ongoing basis, the holder can lose rights in the mark. For many businesses, their brand is one of their most valuable assets. As such, a trademark enforcement strategy is critical to safeguard the company’s continued rights in its trademarks. An Alabama trademark lawyer at AdamsIP can help you develop and execute a trademark enforcement strategy that is tailored to your business’ specific needs.  

Trademark holders have several tools in their arsenal to combat trademark infringement, counterfeiting, and copycats. Some of the most effective include: 

Trademark Investigations

Before you begin taking steps toward trademark enforcement, you need to be sure that the alleged infringer is actually infringing your trademark. One effective way of gathering such evidence is to perform a trademark investigation, which can include purchasing the allegedly infringing product, conducting surveillance on the alleged infringer, or gathering photo or video evidence of the infringement. You can then use this evidence to form the basis of a cease and desist letter or other trademark enforcement method. 

Cease and Desist Letters

A cease and desist letter is often the first enforcement action trademark holders take when they become aware of potential infringement. The cease and desist letter puts the alleged infringer on notice and lays out the specific factual and legal basis underpinning the trademark holder’s claims of infringement. The facts of each case will be different, as will the tone and voice of the letter. In some cases, as with cease and desist letters aimed at large corporations, the tone will be strong and forceful. In others, such as those aimed at small businesses or even individual consumers, the tone will be friendly and magnanimous. An Alabama trademark lawyer can help you determine the appropriate balance to strike for each incident. 

Take-Down Notices

Take-down notices allow trademark holders to make official reports of alleged trademark infringement in online marketplaces -- one of the most common places trademark infringement occurs. Most large online marketplaces, such as Amazon, have established procedures for reporting and investigating suspected trademark infringement. An experienced attorney can help you navigate this process and ensure that the higher-ups at the marketplace take your claim seriously. 

Settlement

If the alleged infringer is a particularly large or sophisticated actor, you may have to negotiate with them to get them to stop using your mark (short of initiating a trademark infringement action). For example, the alleged infringer may be willing to stop using your mark only on the condition that you promise not to pursue a trademark infringement action against them for past infringement. The alleged infringer may also request a phase-out period. A trademark attorney can help you negotiate these issues on terms that will be favorable to all parties involved. 

Contact an Alabama Trademark Lawyer from AdamsIP for Help

Contact us to schedule a complimentary initial phone consultation. We have extensive experience handling trademark matters, from initial trademark selection and registration to enforcing your trademark portfolio against copycats and counterfeiters. 

Your business has unique needs and goals, and your Alabama trademark lawyer will tailor our services — and the fee arrangement — to suit those needs and goals. Flat fee options create an incentive structure favorable to the client and ensure efficient, results-driven representation. We assist clients throughout the state including Mobile, Huntsville, and Birmingham.