Colorado Trademark Law, Thomas P. Howard, Boulder, CO.

p 303.665.9845 f 303.665.9847 info@thowardlaw.com 842 West South Boulder Road, Suite 200 Louisville, Colorado 80027
		Trademark Law The Colorado law offices of Thomas P. Howard, LLC and attorney Thomas P. Howard regularly handle all aspects of trademark litigation, registration and licensing at both the state and federal level. In order to swiftly locate the area of trademark law in which you are seeking information or assistance, just click on the highlighted words listed below related to your area of interest. If you don't see the specific information that you're looking for, just call us at 303-665-9845: Trademark litigation representing both plaintiffs and defendants; Cease and desist letters representing both plaintiffs and defendants; Trademark registration for a flat fee of $495; Trademark oppositions representing the opposing party or the applicant before the Trademark Trial and Appeals Board; Petitions to Cancel representing the petitioner or the defendant before the Trademark Trial and Appeals Board; Trademark licenses; Internet domain name disputes representing both plaintiffs and defendants. Trademark Litigation The trademark litigation attorneys at the Law Offices of Thomas P. Howard, LLC frequently litigate trademark infringement cases in federal courts on behalf of both plaintiffs and defendants. Our attorneys have litigated trademark cases both in and out of Colorado. We are extremely familiar with the Lanham Act and the trademark claims that can be filed in federal court pursuant to the same. Those claims include, but are not limited to, trademark infringement, contributory infringement, unjust enrichment and false advertising. For instance: Thomas Howard successfully defended a Colorado business client in the United States District Court for the District of Colorado against multiple claims of trademark infringement. Attorney Howard turned the tables, filing counterclaims alleging patent infringement, obtaining a denial of summary judgment on the plaintiff’s claims and obtaining a swift settlement of all claims on behalf of his client. On the internet, Thomas Howard recently obtained monetary and injunctive relief on behalf of a client whose copyrights and trademarks were infringed without license or permission in a third-party’s internet advertising. Our substantial expertise and experience in this field permits us to focus on the primary factual and legal issues that are crucial to effectively and swiftly building a strategy relevant to your claims. For a free consult, e-mail us at thoward@thowardlaw.com, or call 303-665-9845. back to top ^ Cease and Desist Letters The trademark litigation attorneys at the Law Offices of Thomas P. Howard LLC regularly handle trademark infringement claims on behalf of both plaintiffs and defendants by sending or responding to cease-and-desist letters. Plaintiffs: The trademark attorneys at Thomas P. Howard, LLC regularly send out letters spelling out the alleged infringement(s), detailing the specific facts supporting those allegations, and stating the relevant law supporting the claims. Quite frequently the allegedly infringing party responds, either in person or through counsel, by ceasing the alleged infringement. The likelihood of resolution in each individual case depends on the factual and legal variables specific to the same. Defendants: The trademark attorneys at Thomas P. Howard, LLC regularly represent defendants that are the recipients of cease-and-desist letters. We conduct a swift but detailed analysis of the cease-and-desist letter itself as well as all related Internet sites, documents, statutes and case law, and advise our clients based upon the same. The attorneys at Thomas P. Howard, LLC will also draft a response letter for our clients and, if requested, handle all further correspondence with opposing counsel. back to top ^ Trademark Registration The trademark attorneys at Thomas P. Howard, LLC provide federal trademark registration services for a flat rate of $495, plus the Patent and Trademark filing fee of $325 per class. For that charge, the attorneys at Thomas P. Howard LLC will confer with you regarding your trademark filing, conduct a full search engine conflict search as well as a conflict search using the TESS search system available from the Patent and Trademark Office, and handle your entire trademark filing from the time of the initial filing through the issuance of your trademark registration. For a free consult regarding your trademark needs, simply e-mail us at thoward@thowardlaw.com, or call 303-665-9845. For more information on trademark registration click here. back to top ^ Trademark Opposition and Petition to Cancel Filings The trademark opposition attorneys at Thomas P. Howard, LLC regularly handle trademark opposition filings as well as petitions to cancel filed before the Trademark Trial and Appeal Board of the Patent and Trademark Office. Trademark Oppositions: When a party's trademark filing is accepted by the USPTO examining attorney as part of the trademark registration process, that mark must go through a 30-day period of time called the "publication for opposition." When that occurs, the prospective trademark is published in the Official Gazette of the Patent and Trademark Office for a 30-day period. During that period, third parties are given an opportunity to file an opposition to the registration of the prospective mark. Such interested third parties may obtain an extension of time while considering the filing of an opposition. If either an opposition or a request for extension is filed by a third party, the pending trademark filing is placed on hold by the Trademark Trial and Appeals Board (TTAB) of the USPTO. Trademark oppositions frequently involve a third-party trademark owner alleging a likelihood of confusion arising from a pending mark bearing an alleged similarity to their own mark. The trademark opposition is filed to block the issuance of the pending mark. Should the matter be disputed, it is litigated in a manner similar to a trademark infringement lawsuit, with full discovery, summary judgment motions, final written briefs and, if requested, final arguments before the TTAB. The matter must be litigated pursuant to the TTAB's administrative rules and the deadlines set forth by the TTAB. Often these matters settle fairly swiftly. In some instances, extended litigation does result. The trademark opposition attorneys at Thomas P. Howard, LLC have handled multiple trademark opposition proceedings on behalf of Thomas P. Howard's clients, and our attorneys are quite familiar with the law relevant to these matters. For a free consult regarding trademarked opposition issues, simply e-mail us at thoward@thowardlaw.com, or call 303-665-9845. back to top ^ Petitions to Cancel: The Trademark Act provides parties with the ability to file something called a "petition to cancel." When filing a petition to cancel, a party is arguing for the cancellation of an existing trademark registration. Until a registration actually issues, there is no registration to attempt to have canceled. Therefore, any petition to cancel that is attempted prior to registration issuing will be rejected by the TTAB and the filing fee refunded. Petitions to cancel are litigated utilizing the same tools as that of an trademark opposition, and involve the filing of the petition to cancel followed by full discovery, summary judgment motions, final written briefs and, if requested, final arguments before the TTAB. As with oppositions, the matter must be litigated pursuant to the TTAB's administrative rules and the deadlines set forth by the TTAB. Any person who believes that they have been damaged by the registration of the mark has standing to file a petition to cancel. At the initial pleading stage, in order to file a petition to cancel the plaintiff must allege sufficient facts to show a real interest in the proceeding and a reasonable basis for a belief in damage. To plead a real interest, the plaintiff must allege a direct and personal stake in the outcome of the proceeding. The allegations in support of plaintiff's belief in damage must have a reasonable basis in fact. A party must demonstrate grounds for its petition to cancel. Some of the potential grounds include, but are not limited to: likelihood of confusion with another mark; the mark is merely descriptive or is generic; fraud; the mark is geographically deceptive, disparages members of a particular group, or falsely suggests a connection with Petitioner's name or identity; no bona fide use of the mark occurred in commerce pursuant to Section 1(a) of the Trademark Act; defendant is not the rightful owner of the mark; the defendant's mark has been abandoned; the defendant's mark consists of or comprises the name of a particular living individual without that person's consent; the term for which registration was obtained was not used as a trademark or service mark; defendant's mark would dilute the distinctive quality of petitioner's famous mark. A petition to cancel must be filed within five years from the date of the registration of the mark if the plaintiff wishes to show either likelihood of confusion or descriptiveness as a basis for cancellation of the mark. A petitioner must plead, and later prove, priority of use. In order to properly assert priority a petitioner must allege facts showing proprietary rights in the disputed mark that are prior to defendant’s rights. As with trademark oppositions, petitions to cancel frequently settle. In some instances extended administrative litigation can occur. The petition to cancel attorneys at Thomas P. Howard, LLC have handled petition to cancel proceedings on behalf of Thomas P. Howard's clients and our attorneys are very familiar with the law relevant to these matters. For a free consult regarding petition to cancel issues, simply e-mail us at thoward@thowardlaw.com, or call 303-665-9845. back to top ^ Trademark Licensing The trademark license attorneys at the law offices of Thomas P. Howard, LLC can assist you in negotiating and drafting license agreements for your trademark(s), with regards to negotiating the licensing of a third party's trademark(s), or assist you with negotiating complex licensing disputes. Thomas P. Howard of Thomas P. Howard, LLC has drafted and negotiated many trademark, copyright and patent agreements over the last 16 years, and has significant experience in the licensing, negotiation and drafting of intellectual property documents such as trademark agreements. For a free consult regarding the licensing of your trademark(s), or with regards to any other licensing issues, simply e-mail us at thoward@thowardlaw.com, or call 303-665-9845. back to top ^ Internet Domain Name Disputes The domain name attorneys at Thomas P. Howard, LLC have successfully handled numerous Internet domain name disputes pertaining to the ownership of domain names. Thomas P. Howard, LLC can help you to protect your domains so they cannot be used without authority. Should infringement occur, Thomas P. Howard LLC can assist you in obtaining injunctive relief and, if necessary, damages arising from the infringement. Similarly, we can effectively represent you should you be accused of infringing on a domain. Our attorneys will be certain that you effectively analyze all of the facts and understand your potential defenses as well as the law relevant to your case. The attorneys at Thomas P. Howard, LLC know how to use the federal courts, as well as ICANN, in order to protect your rights. For a free consult regarding any Internet domain name or other Internet related dispute that you may be experiencing, simply e-mail us at thoward@thowardlaw.com, or call 303-665-9845. back to top ^
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