Trademark Opinion Services

THE WADDEY & PATTERSON DIFFERENCE

With regard to trademark clearance searches and opinions, the key cost effectiveness and expediency. Because Waddey & Patterson performs its word mark searches in house it is able to provide an opinion in a matter of two or three days (or less if an emergency) at the cost that most other firms purchase the raw search results from trademark search firms. Add the attorney’s time in reviewing the results and you end up spending twice as much as is necessary. Plus, instead of having a non-lawyer perform the search, your mark will be searched by an attorney who has performed over two thousand searches.

Too many companies are focused mostly on the hard assets of acquired in a transaction with the intellectual property acquired being an after thought. We have helped many companies determine what assets have been acquired through searches.

Often, a timely and well-considered pre-assessment of the protectability of intellectual property can result in considerable savings of time and financial resources. Waddey & Patterson offers Trademark opinion services in order to accurately pre-assess the protectability of a wide variety of intellectual property interests.

CASE STUDY :: HOW W&P ADDS VALUE

We were retained by a client sued by a competitor for, among other things, trademark infringement. Through a trademark search, we were able to determine that our client’s common law trademark rights superseded the competitor’s rights to the trademark.

We were retained by a client who believed a competitor was infringing its trademark. We performed a search of several databases to determine that the competitor’s right to the mark superseded our client’s rights. The client made the decision to not file suit and to change to a new mark.

AVAILABLE SERVICES

• Pre-litigation and post litigation searches and opinions
• IP acquisition searches

Trademark clearance searches and opinions

Trademark opinions allow our clients to determine whether it is reasonable to proceed with filing a trademark application.

Invalidity|Validity opinions allow our clients to determine a trademark being asserted against a product or service or owned by them is or is not valid. We find and compile disclosures that are prior art to a specific trademark and apply the prior art to the trademark claims.

Freedom to operate opinions allows our clients to determine whether a product or service should be released. We determine a search strategy that is likely to uncover relevant Trademarks in the United States and/or worldwide.