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Holland & Hart LLP


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Practice/Industry Group Overview
Lawyers and paralegals who understand the complex issues, rules, and regulations of trademarks staff Holland & Hart's Trademark Practice. The team has been responsible for the marks of hundreds of our clients, having trademark portfolios ranging in size from one U.S. registration to Fortune 100 companies having hundreds of U.S. and foreign registrations.

 

Services Available

Domestic Trademarks

Searching and Selection
Perhaps the most important aspect of a trademark practice is proper searching and selection of trademarks. We work closely with our clients and their marketing groups or advertising agencies to assure that the most distinctive and defendable trademarks are selected. We pride ourselves on our fast turnaround for preliminary searches. As a result of the extensive volume of our trademark work, we receive (and pass on to our clients) significant discounts from our outside search vendors.

Registration
Holland & Hart has lawyers experienced in all aspects of U.S. trademark registration, including the filing of use-based, intent-to-use, and section 44 applications, trade dress registrations, divisional applications, audible marks, and applications to the Supplemental and Principal Registers. In addition, we have broad-based experience in Trademark Trial and Appeal Board proceedings (both opposition and cancellation proceedings).

Docketing
Whether you have only one trademark registration in the U.S. or hundreds of registrations throughout the world, you can appreciate the importance of keeping track of the renewal and maintenance deadlines associated with each trademark registration or pending application. To assist with maintaining a secure grasp on this multitude of deadlines we have devoted substantial resources to maintain our intellectual property docketing system. This system is intended to minimize the lawyer-time required to maintain the docket, while generating useful reports and reminders on all deadlines. This system adds substantial value to our trademark services.

Proper Use and Watching
Once a registration is obtained or a mark is adopted, we work closely with our clients to develop understandable trademark use guidelines for internal use and for our clients' licensees. We also assist in developing trademark and web watching systems to allow our clients to continuously monitor any potential infringement activities. We are experienced at implementing both domestic and worldwide watch services.

International Trademarks

Our trademark lawyers are responsible for applications and existing registrations in approximately 120 countries throughout the world. Taking advantage of our size, we have developed our own network of foreign associates, most of whom specialize in trademark law within their respective countries.

We have substantial experience in developing focused stratgegies for international brand asset management, taking advantage of the many types of registers and systems available under the European Union's CTM office, the World Intellectual Property Organization (WIPO), the Paris Convention, Madrid Agreement, Madrid Protocol, North American Foreign Trade Agreement (NAFTA) and the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

By working directly with handpicked associates, we have eliminated the need for "clearinghouse" foreign firms, which are often used by smaller U.S. practitioners to locate foreign associates. The result is a noticeable cost savings, reduced delay, and minimal chance for miscommunications.

Trademark Protection

Enforcement
If and when our clients' trademarks are infringed upon, we stand ready with a dozen lawyers in our intellectual property litigation practice group to thoughtfully protect our clients' trademark rights. Our lawyers have brought or defended literally hundreds of trademark infringement actions on behalf of our clients. We have litigation experience in most juridictions within the United States, the Trademark Trial and Appeal Board, and in many foreign countries. Equipped with a graphics department capable of creating all types of two and three dimentional, broadcast quality animation, document imaging and digital video mixing capabilities, a mock trial room and full-time, in-house jury consultants, Holland & Hart is better prepared than most firms to handle trademark litigation.

Copyrights
We realize that copyrights are an integral part of our clients' intellectual property portfolios, so we strive to ensure these rights add value to a client's strategic plans and objectives.

We are well-versed in helping clients protect their creative works and understand the rules and limitations in using existing copyrighted materials. With the daily creation of new technology, our attorneys stay up-to-date on copyright case law and regulation in order to help clients navigate the copyright process.

Securing Copyright
We regularly advise and guide our clients on the advantages of copyright registration and preparation of copyright applications. We have secured copyrights for materials ranging from a simple brochure to a complex software program. We have also copyrighted literary, musical, dramatic, multimedia, graphic, and web-based works. Once a copyright is obtained, we work with our clients to monitor their rights, and protect against infringement.

Evaluating Use of Copyrighted Works
We also counsel our clients on the reproduction, distribution, performance, or display of existing copyrighted works. We can work to obtain copyright clearance, clarify fair use of applicable works, and negotiate licensing agreements. We also work with employers to develop policies, consulting agreements, or confidentiality agreements regarding employee creations and dissemination of copyrighted works within the workplace.

Litigation
While we work hard to protect our clients' works, we are prepared to handle any infringement issues that may arise. Holland & Hart's copyright litigators have substantial experience in trying all types of copyright infringement disputes. In any dispute, our first priority is our clients' business objectives. When a dispute arises, we move quickly to analyze it's merits and identify the best resolution, while keeping associated costs in mind.