Trademarks help distinguish the source of a product or service from those of others. The Oblon Spivak Trademark team has experience from all sides of the issues, from clearance to protection of trademarks and initiating and defending against trademark and related infringement lawsuits.
Screening, Clearance and Registration
A number of Oblon Spivak’s attorneys were Trademark Examining Attorneys at the U.S. Patent and Trademark Office (USPTO) before joining Oblon Spivak. Currently, Oblon Spivak boasts of having 4 attorneys who began their careers at the USPTO. As a result of this experience, Oblon Spivak knows the workings of the USPTO and the process from the ground up.
In addition to extensive experience in reviewing searches, filing and prosecuting applications, the Oblon Spivak Trademark team is no stranger to the Trademark Trial and Appeal Board (TTAB). Jonathan Hudis is the editor of what has been identified as “a must-have resource”, A Legal Strategist’s Guide to Trademark Trial & Appeal Board Practice, with contributions by others on the Oblon Spivak Trademark team. Before joining Oblon Spivak as Of Counsel, Beth Chapman was an interlocutory attorney at the TTAB and then served as an Administrative Trademark Judge. Prior to that, Ms. Chapman was as an Examining Attorney and supervisor at the USPTO.
Through litigation, Oblon Spivak assists clients in protecting and enforcing IP rights through trademark, trade dress, copyright, unfair competition and other federal and state laws. Our experience is not limited to protection of IP in these areas—it also includes defending against infringement claims.
We work with associates throughout the world to protect and enforce the trademark rights of our clients wherever the IP brings us. Through our active participation in various organizations, including the International Trademark Association (INTA), the American Intellectual Property Law Association (AIPLA), American Bar Association Section of Intellectual Property Law (ABA IPL) and the Intellectual Property Owners Association (IPO), we create and maintain contacts with a worldwide network of associates. This enables us to identify and work with those associates who can provide quality services at reasonable prices—both of which are important to our clients and us.
Oblon Spivak’s Trademark Team also lectures extensively regarding trademarks dealing with issues from clearance to use to registration in the U.S. and elsewhere– in addition to authoring numerous articles, which can be located under the resources tab.
Trademark Representative Matters
Our client, Iconix Brand Group, is the owner of a diversified portfolio of fashion and home brands that touch every segment of retail distribution from the luxury market to the mass market. Iconix licenses its brands to leading retailers and manufacturers worldwide, including OP for Walmart; JOE BOXER and MOSSIMO for Target: Mudd for Kohl’s; and MATERIAL GIRL (Madonna) for Macy’s; among others. Oblon Spivak’s Trademark group helps protect these valuable marks beginning with due diligence and continuing with counseling, oppositions, management and maintenance of international trademark portfolios, including a significant amount of international licensing work.
Oblon Spivak provides a wide variety of trademark and copyright services within the United States for Heineken, which owns and manages one of the world’s leading portfolios of beer brands and is one of the world’s leading brewers in terms of sales volume and profitability. Its principal international brands are Heineken® and Amstel®, but the group brews and sells more than 200 international premium, regional, local and specialty beers and ciders, including Birra Moretti®, Foster’s®, Strongbow®, Newcastle Brown Ale®, and several others. Our work with Heineken ranges from researching availability of trademarks, client consultations and prosecuting applications to full litigation.
For nearly two decades, Oblon Spivak has represented Sugartown (doing business as Lilly Pulitzer) regarding all intellectual property matters, including trademark clearance, use, registration and enforcement of its marks. Lilly Pulitzer is known for its Palm Beach inspired clothing that is bright, colorful, and “preppy.” The marks that protect the design define the company and represent its most valuable asset.
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Oblon Spivak provides a full range of trademark services–from clearance of marks to registration and litigation, including defense against trademark, trade dress and unfair competition claims.
The Oblon Spivak Trademark team looks at the big picture, consulting with clients regarding their IP portfolios and how to protect them, as well as how avoid infringement claims by others.
Oblon Spivak’s Trademark team includes numerous attorneys who began their careers at the USPTO and are active in numerous IP organizations, in addition to actively publishing and lecturing in the field.