Trademarks and Copyrights

Andresen & Associates is committed to maximizing and protecting the intellectual property rights of its clients. To that end, we conduct and review searches of federal and state trademark applications and registrations and advise our clients on the potential risks involved with choosing a particular word, name, mark, slogan, symbol or device used, or intended to be used, in interstate commerce to distinguish the clients’ products and services from those of third parties. We prepare, file and prosecute trademark applications in the United States and can assist with acquiring foreign trademark counsel abroad. Once registered, we manage our clients' trademark portfolio through our trademark renewal and maintenance services. Some of the specific trademark areas that we have experience in include:

    • Preparing, filing and prosecuting federal and state trademark applications;
    • Negotiating settlements in and prosecuting trademark disputes;
    • Negotiating, drafting, and enforcing trademark licenses settlements and co-existence agreements;
    • Negotiating and drafting trademark transactions, including licenses, purchase agreements, assignments and releases;
    • Investigating potentially infringing trademark usage by third parties;
    • Representing clients before the Trademark Trial and Appeal Board;
    • Drafting and responding to cease and desist letters;
    • Reviewing advertising, marketing and other published materials to ensure proper trademark usage;
    • Drafting trademark notices;
    • Providing counsel to clients about policing their marks so as to avoid abandonment, dilution, infringement and “genericide”;
    • Developing trademark enforcement programs; and
    • Preparing internal corporate guidelines and policies regarding the proper use of a company's trademarks and protecting the goodwill associated with them.
Andresen & Associates also has experience protecting and enforcing our clients' copyrights, including representing many clients before the United States Copyright Office and obtaining settlements in various infringement actions. Some of the areas that we have experience in include:
    • Preparing, filing and prosecuting federal copyright applications;
    • Negotiating and drafting copyright transactions, including license and purchase agreements, assignments, releases, and performing due diligence activities for clients considering purchasing or licensing copyright rights;
    • Providing opinions on copyrightability, fair use, infringement, ownership, notice and litigation;
    • Negotiating settlements in and prosecuting copyright disputes;
    • Developing copyright enforcement programs;
    • Drafting copyright notices; and
    • Reviewing advertising, marketing and other published materials to ensure proper copyright protections are utilized