Trademark Law

At Hawkes Law, APLC, we provide full service trademark representation. Our services pertaining to trademark registration include trademark selection, trademark clearance, trademark application and registration, response to office actions, post-registration maintenance and trademark watch and policing services. We also provide trademark litigation representation for trademark opposition and cancellation proceedings, and trademark infringement litigation and defense in state and federal courts. Finally, Hawkes Law, APLC helps clients increase revenue with trademark licensing services.

Trademark Registration

A trademark is a word, logo or slogan that is used to brand your business. Every business has at least one or more trademarks it uses with the goods or services it sells. These trademarks create goodwill and consumer recognition between the goods or services and the consuming public. Trademarks are valuable assets of a business and must be protected against competitors and potential infringers. At Hawkes Law, APLC, we have significant experience registering federal trademarks with the United States Patent and Trademark Office (“USPTO”). We help clients register the trademarks they currently use, and also help clients identify and choose protectable trademarks for intent to use trademark applications. We provide trademark clearance searches and advise clients on the results. Our goal is to build our clients intellectual property portfolio with trademark application and registration services.

At Hawkes Law, APLC, we guide our clients through the trademark application process with ease. Our trademark application and registration services are provided on an affordable flat fee basis. We regularly communicate with the examiners at the USPTO throughout the application and registration process. We have successfully responded to an extensive amount of office actions from the USPTO which resulted in trademark registrations. After we achieve a trademark registration, we provide trademark policing and trademark watch services, and trademark maintenance. If you have a trademark you would like to protect, please contact us for a confidential consultation.

Trademark Opposition Proceedings

Have you filed a trademark application and received a notice of Opposition Proceeding? Hawkes Law, APLC has significant experience in both the prosecution and defense of trademark Opposition Proceedings. A trademark Opposition can be filed against a pending trademark application in the United States Patent and Trademark Office (“USPTO”). After a federal trademark application is approved by the examining attorney it is published for opposition in the Official Gazette, a publication which puts third parties on notice that your pending trademark application has been approved by the USPTO. The publication allows third parties who believe they have prior rights in the trademark, or a confusingly similar trademark, such that they can challenge your trademark registration. Such third party then files a Notice of Opposition before the Trademark Trial and Appeals Board (“TTAB”) challenging the registration of your trademark. An Opposition Proceeding is an administrative litigation and requires an experienced trademark lawyer to provide representation. At Hawkes Law, APLC, we have successfully represented numerous parties in Opposition Proceedings. Our goal is to resolve the dispute in the least amount of time and at the lowest cost possible. We understand that time is money and we want our clients to get back to their craft as soon as possible. In the event that resolution is not possible, we have the experience to defend or prosecute the proceeding to trial. If you have received a Notice of Opposition against your pending trademark application, please contact us for a confidential consultation.

Trademark Cancellation Proceedings

Do you have a registered trademark and received a Notice of Cancellation Proceeding? Hawkes Law, APLC has significant experience in both the prosecution and defense of trademark Cancellation Proceedings. A trademark Opposition can be filed against a pending trademark application in the United States Patent and Trademark Office (“USPTO”). After a federal trademark application is approved by the examining attorney it is published for opposition in the Official Gazette, a publication which puts third parties on notice that your pending trademark application has been approved by the USPTO. The publication allows third parties who believe they have prior rights in the trademark, or a confusingly similar trademark, such that they can challenge your trademark registration. Such third party then files a Notice of Opposition before the Trademark Trial and Appeals Board (“TTAB”) challenging the registration of your trademark. An Opposition Proceeding is an administrative litigation and requires an experienced trademark lawyer to provide representation. At Hawkes Law, APLC, we have successfully represented numerous parties in Opposition Proceedings. Our goal is to resolve the dispute in the least amount of time and at the lowest cost possible. We understand that time is money and we want our clients to get back to their craft as soon as possible. In the event that resolution is not possible, we have the experience to defend or prosecute the proceeding to trial. If you have received a Notice of Opposition against your pending trademark application, please contact us for a confidential consultation.

Trademark Infringement Litigation

Is a business or individual using your trademark or a trademark that is similar to yours to sell goods or services? Trademark infringement occurs when a third party uses a trademark that is identical to or confusingly similar to an existing trademark, with the same or similar goods or services. Trademark infringers seek to use the business’ established goodwill and consumer recognition in a trademark, in an attempt to trade off the same to sell goods or services. Hawkes Law, APLC has significant experience in both the prosecution and defense of trademark infringement cases. At Hawkes Law, APLC, we have successfully represented numerous parties against trademark infringers, as well as defended unfounded claims. We strive to reach the best and most cost-effective resolution for our clients. In the event that resolution is not possible, we undoubtedly have the experience and ability to aggressively prosecute or defend the case to trial. If you have a trademark infringement claim or have been sued for trademark infringement, please contact us for a confidential consultation.

Trademark Licensing

Trademark licensing is a way to leverage your established intellectual property assets including your registered trademarks for financial benefit. The time and effort in creating and properly registering these assets, along with the established goodwill associated with your trademarks can result in a new stream of revenue for your business. Licensing agreements grant permission to other businesses to use your company’s trademark in exchange for royalty payments. By licensing your trademarks, you can not only generate revenue for your business but grow your brand. At Hawkes Law, APLC, we have significance experience in licensing trademarks through drafting licensing agreements and negotiating royalty payments. If you have a trademark you would like to license, please contact us for a confidential consultation.