R | McHale
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Practices

The goodwill and brand equity a company develops through its domain name, trademark and trade dress are amongst its most valuable assets. R | McHale Law’s Trademark, Trade Dress & Domain Names practice assists clients in making informed decisions on brand strategy, including the strategic selection, registration, and enforcement of trademark, trade dress and domain name rights.

Our services include:
  • Counseling regarding the creation, clearance and adoption of trademarks, service marks, and trade names
  • Evaluating the availability of proposed trademarks by designing, conducting and analyzing trademark search reports, both domestic and foreign
  • Selecting trademarks that are legally strong and adaptable to various geographic and product markets
  • Assessing product shapes, packaging and design to determine whether they are protectable trade dress or product design
  • Preparing and filing federal trademark applications with the United States Patent and Trademark Office (USPTO)
  • Preventing third-party misappropriation of trademarks and names by opposing registrations and seeking cancellations of existing registrations in the USPTO
  • Coordinating with trademark attorneys in other countries to achieve multi-jurisdictional brand protection
  • Drafting and negotiating trademark licenses, consent and coexistence agreements, and other trademark-related documents
  • Recording clients’ trademarks with the U.S. Customs Service to help prevent the importation of potential counterfeits
  • Advising clients on the availability, acquisition, and registration of Internet domain names globally, as well as assisting in domain name disputes brought pursuant to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP)
  • Protecting clients’ intellectual property interests in their brands, including legal action under the Lanham (Trademark) Act for trademark infringement, trademark dilution, false advertising, and cybersquatting

Trademark, Trade Dress & Domain Names-Related Litigation

Our Trademark, Trade Dress & Domain Names practice helps our clients protect and maintain their competitive advantage in the marketplace through our cost-effective, results-driven approach to trademark, false advertising and unfair competition litigation. We are equally vigilant at cultivating opportunities to avoid litigation wherever possible. Should litigation prove necessary, however, we have extensive experience in:

  • Asserting and defending claims for trademark infringement, trademark dilution, false advertising, unfair competition, deceptive trade practices, and cybersquatting in federal and state courts, and before the Federal Trade Commission (FTC), the International Trade Commission (ITC), the National Advertising Division (NAD) of the Council of Better Business Bureaus, and other federal and state agencies
  • Prosecuting and defending oppositions, cancellations, and appeals before the Trademark Trial and Appeal Board of the USPTO
  • Prosecuting and defending domain name proceedings under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP)
  • Coordinating the international enforcement and defense of trademarks with our global network of lawyers
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   9 West Broadway, Suite 422
   Boston, Massachusetts 02127
   Tel:  (617) 306-2183
   Fax: (617) 848-9483
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