Trademarks, Advertising and Brand Management
Haynes and Boone’s nationally-recognized trademark practice group is honored to protect and enforce its clients’ marks, which include some of the world’s most famous brands. We would welcome the opportunity to add your name to that group of brand owners. Whether an issue involves trademark clearance, prosecution, enforcement and licensing, cancellations and oppositions, domain name disputes, or trademark litigation, we serve our clients with highly advanced integrated service and positive results. The World Trademark Review (WTR) 1000 recently recognized our trademark practice group as one of the elite groups in the country, reporting that the group’s “attentive, knowledgeable, and personable lawyers win enthusiastic applause for their resourceful collaboration, shrewd staffing of cases, effective cost control and excellent client rapport.”
The Haynes and Boone Practice, with over 30 trademark attorneys and paralegals, is particularly distinguished by our experience and success in sophisticated, high-impact matters such as international clearance and enforcement of marks, social media counseling, oppositions and cancellations, and trademark and unfair competition litigation (over 50 recent and current cases in more than 20 jurisdictions). We have extensive experience in domestic and international trademark matters, including the management of an active trademark docket of approximately 4,000 applications and registrations in over 180 countries, the successful handling of numerous oppositions, cancellations, UDRP domain name disputes, and of course, trademark infringement suits in federal court.
As we regularly handle complex foreign and domestic trademark issues, our trademark attorneys have the experience and knowledge to anticipate, and thus minimize, potential problems when advising our clients about the selection of new marks, the development of enforcement strategies, and the filing of applications. This experience results in fewer challenges and rejections to our clients’ filings, and reduces the overall cost of establishing and protecting new brands. Finally, because we ask our clients about their specific goals for each matter, we gain an understanding of how those goals fit within their broader objectives. Knowing our clients’ goals and priorities allows us to continually minimize our clients’ trademark legal expenditures by developing branding and enforcement solutions that are cost appropriate and match our clients’ business needs.
Our trademark attorneys currently represent sophisticated brand owners in managing and optimizing their trademark portfolio and enforcement programs.
Among the trademark and advertising services that Haynes and Boone offers are:
- Developing and implementing domestic and international trademark clearance, protection, and enforcement strategies and programs
- Obtaining U.S. federal and state trademark registrations through the US Trademark Office, and local Secretaries of State
- Managing domestic and international trademark portfolios
- Advertising reviews and counseling regarding the proper use of marks, and reviewing proposed sales, advertising, and promotional matter for compliance with trademark use and notice requirements
- On-line advertising counseling (including keyword advertising)
- Instituting, prosecuting, and defending against opposition, cancellation, and concurrent use proceedings before theUnited States Trademark Trial and Appeal Board (TTAB) and corresponding governmental units abroad
- Initiating, prosecuting, and defending against claims of trademark infringement, unfair competition, trade dress infringement, and Internet domain name infringement (ACPA and UDRP claims), in state and federal courts, before ICANN dispute resolution panels, and through arbitration
- Conducting trademark portfolio audits and gap analyses
- Developing and implementing domestic and international trademark watching services to guard against the use or registration of confusingly similar marks by third-parties
- Structuring, negotiating, drafting, and recording, as appropriate, trademark license, merchandising, security interest, acquisition, and co-branding agreements
- Conducting domestic and international trademark due diligence in connection with client mergers and acquisitions and pending or threatened intellectual property litigation
- Providing in-house seminars and continuing legal education programs to marketing and legal departments on trademark, copyright, internet, and advertising matters
- Brand protection, management, and enforcement in the context of social media websites, smart phone applications, and blogs
- Developing company intellectual property and social media policies
- Assisting clients with the development of internal procedures and processes for managing trademark workflow
Experience in Trademark Litigation Matters:
Haynes and Boone’s trademark litigators have successfully tried trademark and unfair competition cases in courts throughout the country. One of our trial teams recently won an $8.5 million jury award in federal court in California on a trademark and trade dress infringement matter against the world’s largest retailer of professional beauty supplies. Whether your company seeks preliminary injunctive relief to protect its marks or dress from infringers, or is facing claims from a competitor trying to unfairly gain market advantage, we have the experience and track record to successfully resolve your dispute. Few firms boast the depth of trademark litigation experience that you will find at Haynes and Boone.
We regularly handle unfair competition disputes of all types, including trademark, trade dress and service mark infringement, dilution, false advertising, misrepresentation and misappropriation claims. Our litigators, all members of our-nationally-recognized brand management practice group, work closely with our elite trademark prosecution attorneys to ensure that our clients get great results every step of the way.
Our trademark litigation practice is truly national in scope, and has experience covering everything from consumer products to Internet commerce, advertising, smart phone applications, and social media.
Experience with Franchise Clients:
Our IP attorneys work closely with our internationally recognized franchise and distribution attorneys and clients, and have thus developed a deep understanding of, and extensive experience in, IP portfolio counseling, management, and enforcement in the franchising context. We understand that a company’s domestic and international trademark clearance, protection, and enforcement strategy is inextricably tied to its franchise strategy, particularly in terms of expansion, obligations to and on behalf of franchisees, and balancing the needs of the franchisor and its franchisees.
Our Trademark attorneys have worked on domestic and international counseling, prosecution, disclosure, and enforcement matters (including against rogue franchisee and ex-franchisee usage, in the brick and mortar context as well as on the internet) for franchise clients.
Recent accolades, articles and notable mentions for the Haynes and Boone, LLP Trademark practice members include the following:
- Our Trademark group has been ranked as the top full-service firm trademark practice in Texas by World Trademark Review (WTR), and has been awarded a national silver ranking, making it tied for fifth nationally.
- Six of our attorneys have been recognized individually by the 2013 World Trademark Review (WTR) 1000.
- Three of our attorneys have been named to the inaugural list of IP Stars by Managing Intellectual Property Magazine.
- One of our attorneys has been named in Best Lawyers® in America 2014 for Trademark Law.
- One of our attorneys has been ranked as "Intellectual Property: Trademark & Copyright Leading Lawyer" in Chambers USA Guide to America’s Leading Lawyers for Business since 2004 and ranked in Chambers Global, 2013.
Why We Think that Haynes and Boone Is the Right Fit for Your Company:
- We know trademark law. Haynes and Boone has the largest trademark practice in the Southwest with over 30 trademark attorneys, currently representing sophisticated brand owners like AT&T, Amazon.com, Exxon Mobil, Michaels Stores, Network Solutions, Outback Steakhouse International, and RadioShack.
- We are deeply involved in the trademark community. Purvi Patel, our Practice Group leader, serves as a member of the Board of the International Trademark Association and was co-chair of INTA’s 2013 Annual Meeting, in Dallas, Texas.
- Haynes and Boone consistently provides our clients with tremendous value on their legal matters. Through the experience of our lawyers, effective use of technology, efficient project staffing, competitive hourly rates, and a willingness to implement alternative fee arrangements, Haynes and Boone is consistently recognized by its clients for the value we offer through our services.