trademarks and unfair competition

A trademark may not be the first thing that you think about when you've arrived at the perfect name for your business, but your brand must be built upon a solid legal foundation. A poor choice may necessitate re-branding at great expense and inconvenience, or may even expose you to liability. While you may be able to do some trademark work on your own, retaining Patents by Benasaur can help you obtain marks that are unique, strong, and capable of representing your goods or services for the long road ahead.

  • Basic / advanced trademark search

  • Filing and prosecution of U.S.-based trademarks with the Trademark Office

  • Chinese and Canadian trademarks

  • International (Madrid Protocol) and European trademark applications

  • Mark analysis to anticipate and avoid examining attorney refusals

  • Preparation of arguments for PTO refusals

Should you become involved in a trademark or unfair competition dispute, we can help you obtain administrative remedies or work directly with litigators for federal district court action.

  • Cease-and-desist letters

  • or eBay reporting mechanisms

  • Opposition / Cancellation proceeding before the Trademark Trial and Appeal Board (TTAB)

  • International Trade Commission Litigation

general IP

Not sure what sort of IP you have or how to protect it? Suddenly involved in a dispute you have no idea how to fight or win? We can help you analyze protect-able areas and plot a path forward with the following strategies:

  • Portfolio analysis

  • Cease-and-desist letters

  • Advice on common pitfalls such as copyright infringement or trade secret issues

  • Due diligence for smaller tech/brand companies

While many of our clients try to avoid litigation, we work closely with litigators should your case necessitate going to court.

representative practice areas

  • Mechanical devices

  • Electronic / computer software

  • Health care, fitness, nutrition, and lifestyle industries

  • Cannabis

  • Small clients and startups