Trademarks & Copyrights

TRADEMARK OPPOSITION AND CANCELLATION PROCEEDINGS:

A person who believes they may be damaged by the registration of a mark may file a Notice of Opposition to commence an opposition proceeding seeking to deny registration of the mark.  Similarly, a person who believes they have or will be damaged by a mark already registered may file a Petition for Cancellation seeking to cancel registration of the mark.  DSS Law represents both petitioners and respondents in opposition and cancellation proceedings in the USPTO. 

​

​

TRADEMARK LITIGATION AND ENFORCEMENT:

Persons injured by an infringement of their trademark rights may have the option to sue in civil court.  DSS Law handles both the prosecution and defense of trademark actions filed in court.

​

Persons who believe that their trademark rights have been infringed may also explore various pre-litigation options.  These options may include cease-and-desist letters, notices of violations, settlement discussions, licensing agreements and assignments, and trademark investigations.

​

​

TRADEMARK REGISTRATION:

While United States law does recognize limited common law trademark rights, an entity that wishes to best protect its trademark should register the mark with the USPTO.  DSS Law will go over with you the ins and outs of trademark law as it pertains to your mark.  We will then analyze the strength of the mark, and conduct a comprehensive search of trademarks in existence to evaluate any potential issues with the registration of your mark.  This is a crucial step in the trademark process, and can save substantial time, expense, and headaches in the future.  DSS Law does not simply provide you with a cursory conclusion of the trademark search; instead we will spend as much time as needed to evaluate potential issues and solutions.  Finally, we'll handle the application process for registering your mark.  By conducting a thorough preregistration analysis, we'll be prepared to answer any USPTO office action or any rights asserted by third parties.

​

​

COPYRIGHT LITIGATION AND ENFORCEMENT:

DSS Law represents both plaintiffs and defendants in copyright litigation in federal court.  Copyright claims will depend largely on whether the copyright was properly registered.  Persons who registered their copyright prior to the infringement, or who registered within three months of publication, may be entitled to up to $150,000 per work if the infringement was willful.

​

As with trademarks, persons who believe their copyrights are being infringed may consider pre-litigation options, such as cease-and-desist letters, settlement negotiations, and copyright investigations.

​

​

COPYRIGHT REGISTRATION:

A person automatically has copyrights in any creative work they create the moment they create it.  However, a person's ability to properly and effectively enforce their copyrights often requires registering their copyright.