Sitemap
|
BKBH offers its clients a wide variety of professional services in the area of intellectual property law. This practice includes trademark/servicemark registration, copyright registration, trade secrets, unfair trade practices, computer software rights and licensing of rights and franchising, in addition to patent consultation and related litigation services. In recent years, as intellectual property rights have become more diverse and contested, BKBH has developed this expertise with the commitment to provide quality, informed legal advice. BKBH drafts, reviews and negotiates all types of agreements and management contracts, and has expertise in contract disputes relating to intellectual property. We work with our clients to help them determine whether their rights to intellectual property are properly protected during the drafting process and represent clients in breach of contract matters involving intellectual property. We help register copyrights, conduct copyright and trademark searches, and file trademark applications. We also review and analyze the intellectual property claims of our clients, with specific attention to copyrights, trademarks and rights of publicity and privacy, to proactively protect those claims. BKBH advises small businesses, not for profit, and other corporations on trademark/servicemark issues including foreign registration issues. BKBH represents clients on both the state and federal level, using creative and intelligent problem-solving strategies to meet their trademark/servicemark needs. Mark Creation BKBH works closely with clients in developing the mark to be registered. This includes advice on registration design issues such as style and color and research on similar marks via electronic databases and mark research services. At times, it is also advisable to investigate the use of similar marks. Careful planning is necessary at the development stage, in order to avoid challenges to registration based on distinctiveness, descriptiveness, and likelihood of confusion. BKBH is experienced in advising clients in these areas preliminary to the filing of the application, with the objective of streamlining the registration process so as to most efficiently achieve the client's goals. Mark Registration BKBH is experienced in all facets of mark registration, including filing of the application, publication of the mark in the Official Gazette for opposition, and response to nonfinal and final Office Actions on various issues. Issues arising in the application process are proper identification of the applicant, manner and dates of use, interstate and intrastate use, use by a predecessor, choice of class, description of the goods/services, disclaimer, choice of specimen, identification of the signatory, and filing of the statement of use. Besides the application, other filings may be necessary, including request for reinstatement, petition for revival, notice of abandonment, and request for amendment. BKBH attorneys are highly skilled in these areas and follow standard procedures for the filing of each application. BKBH also develops systems for tracking the registration of each application. Mark Litigation As noted previously, BKBH is qualified to provide a full range of litigation services, including drafting of pleadings, discovery, trial preparation, trial management, and appellate practice. BKBH is familiar with proceedings before the Trademark Trial and Appeal Board and has experience in opposition and cancellation proceedings. BKBH does extensive research on the issues of common law use, likelihood of confusion, distinctiveness, descriptiveness, and ornamentation. Also, BKBH uses various strategies to achieve litigation objectives in proceedings before the Trademark Trial and Appeal Board, including settlement negotiations. Mark Maintenance and Enforcement Our Attorneys are experienced in maintaining and enforcing the registered mark. These post-registration mark services include filing of the Section 8 affidavit, renewal of the registration, monitoring use and policing for infringing use. The firm has researched the various alternatives for policing of infringing use, for both registered and unregistered marks. BKBH also represents clients in transfer of ownership transactions, such as assignments. Return to: Commercial Practice Top / Practice Areas List |