Trademark law is a key component of intellectual property, alongside copyright, design law, database law, neighboring rights, and patent law.
 

Trademarks distinguish the source of a product or service (its distinctive character) and also serve as an indicator of quality. They can be a powerful part of a company’s branding and advertising message, often representing significant goodwill and value for the business.
 

To be protected, a trademark must be registered. In the U.S., trademarks can be registered at the federal level with the United States Patent and Trademark Office (USPTO) or at the state level. International trademark protection can also be obtained through treaties like the Madrid Protocol.
 

If a third party uses a registered trademark for identical products or services, or even confusingly similar ones, they may be liable for trademark infringement. For well-known trademarks, infringement can occur even if the infringer is using the mark for unrelated goods, so long as it creates confusion or takes unfair advantage of the trademark’s reputation.
 

Comparative advertising that uses a competitor's trademark is permitted under U.S. law, but only if the advertising rules are carefully followed.
 

At Stonebrookfirm, our experienced intellectual property team has handled complex trademark infringement cases, representing both trademark owners and defendants. We also conduct thorough trademark searches and guide businesses through the registration process, ensuring your name, logo, and brand are fully protected.

Our services

• Conducting proceedings concerning trademark infringement, both interim relief proceedings, proceedings on the merits and on appeal

• Preparation and execution of (digital) evidence seizures

• Correspondence on trademark infringement: summons letters, abstentions and negotiations

• Providing advice on the use of trademarks on the Internet and the role of intermediaries in the enforcement of trade marklaw

• Combating counterfeit, including legal advice and measures, including customs consultation and cooperation

• Drafting, assessing and negotiating contracts, such as licence agreements, distribution agreements, agency agreements, franchise agreements, deeds of transfer and brand co-existence agreements

• Conducting trademark searches and giving advice on trademarks that a party wishes to register

• Due diligence research and advice on brand portfolios and licenses in the context of an acquisition, investment or collaboration

• Domain name procedures at WIPO when a domain name potentially infringes a trademark