Ostrager Chong Flaherty & Broitman P.C.

Trademark & Unfair Competition

Trademark rights form the legal foundation of a company’s ability to commercialize its products or services and build value and “good will” in its brands. OCFB’s trademark practice provides a range of services pertaining to the acquisition and commercialization of trademarks, service marks, and trade dress of companies’ goods and services.

OCFB provides a full range of services pertaining to the clearance, evaluation, prosecution, defense, and financial valuation of trademarks, service marks, and trade dress, both in the U.S. and internationally. Among the services we provide in the clearance, prosecution, and defense of trademark rights are:

  • Conducting in-house screening trademark, service mark and trade dress searches and obtaining and analyzing results of comprehensive outside searches.
  • Drafting clearance opinions regarding availability of a trademark, service mark or trade dress for use and registration.
  • Preparing, filing and prosecuting U.S. and international trademark applications before the U.S. Patent and Trademark Office, the Madrid System for international trademark applications, and international trademark offices through a worldwide network of trademark practitioners.
  • Prosecuting and defending trademark appeals, and opposition and cancellation proceedings in the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board.

The firm also provides services in the management, valuation, opinion, and transactions pertaining to trademarks, which include:

  • Counseling clients regarding adoption of trademarks, service marks and trade dress.
  • Maintaining and managing global trademark portfolios.
  • Negotiating and drafting trademark, service mark and trade dress license agreements, assignments, consents and co-existence agreements, and other trademark, service mark or trade dress documents.
  • Providing strategic counsel on trademark-related aspects of mergers and acquisitions, including due diligence.