Trademark Disputes

Trademark disputes come in a few different forms. Sometimes it's a cease-and-desist letter from another company claiming you're infringing on their mark. Sometimes it's a refusal from the USPTO based on a conflict with an existing registration. Sometimes it's a proceeding filed at the Trademark Trial and Appeal Board by someone who believes your mark shouldn't be registered.

Each of these situations is different, but they share something in common: they tend to feel more alarming than they actually are. Cease and desist letters are written to apply pressure. USPTO refusals are often technical and can be responded to. TTAB proceedings, while more formal, are administrative rather than courtroom litigation. None of them automatically means your brand is finished.

Ian handles all three. For cease-and-desist letters, the first step is understanding whether the claim has any real merit. Many don't. When there's a legitimate conflict, there are usually options such as coexistence agreements, consent arrangements, or a plan to transition away from the mark on a reasonable timeline. When the claim is baseless, the appropriate response is to say so clearly and document why.

For USPTO refusals and TTAB proceedings, Ian prepares the legal arguments, assembles the evidence, and files the responses. These proceedings require knowing in practice how examiners tend to analyze
the similarities between marks, what kinds of evidence carry weight in likelihood-of-confusion analyses, and where the lines are drawn.

Ian does not handle trademark litigation in federal court, but he works alongside litigators when a dispute reaches that level, handling the trademark side of the case while the trial attorney manages the courtroom.