Protecting Brands, Creative Work, and Business Assets
Solavere West provides strategic intellectual property counsel to businesses, entrepreneurs, creators, e-commerce companies, technology companies, and international clients seeking to protect and grow their brands in the United States.
Our practice focuses on trademark registration, USPTO Office Action responses, TTAB disputes, copyright protection, intellectual property licensing, and brand enforcement.
Whether you are preparing to file a trademark, received a refusal from the USPTO, were served with a trademark opposition or cancellation proceeding, or need help protecting and licensing intellectual property, we provide clear, practical guidance tailored to your business objectives.
Trademark Applications
Register Your Trademark With the USPTO
A federal trademark registration can provide valuable nationwide rights in your business name, brand name, logo, slogan, or other source identifier.
Solavere West assists clients throughout the trademark registration process, from evaluating a proposed mark through filing and prosecution before the United States Patent and Trademark Office.
Our trademark application services may include:
Trademark clearance searches
Review of existing USPTO registrations and applications
Evaluation of potential likelihood-of-confusion issues
Selection of appropriate trademark classes
Drafting descriptions of goods and services
Use-based trademark applications
Intent-to-use trademark applications
Logo and word mark applications
Statements of Use
Extensions of time
Responses to procedural USPTO requirements
Post-registration maintenance guidance
Thinking About Filing a Trademark?
Filing a trademark application is more than completing an online form. The wording of your identification of goods and services, filing basis, ownership information, and scope of protection can have long-term consequences for your brand.
We help clients approach the filing process strategically from the beginning.
Start Your Trademark Application
Trademark Clearance Searches
Is Your Trademark Available?
Before investing in a new business name, product name, logo, or brand, it is important to evaluate whether another party may have conflicting trademark rights.
A trademark search can help identify registrations and applications that may create a risk of refusal or future disputes.
Solavere West assists with trademark clearance and risk analysis for clients launching new brands or expanding existing product and service lines.
Our trademark clearance work may include:
Federal trademark database searches
Review of similar marks and related goods or services
Likelihood-of-confusion analysis
Assessment of potentially blocking registrations
Filing strategy recommendations
Risk analysis before a product or brand launch
Launching a New Brand?
A clearance search before filing can help identify potential issues before you invest heavily in branding, packaging, advertising, or inventory.
Request a Trademark Search
USPTO Office Action Responses
Received a Trademark Office Action?
Receiving an Office Action from the USPTO does not necessarily mean your trademark application is over.
A USPTO examining attorney may issue an Office Action raising legal or procedural objections that must be addressed before your application can proceed.
Solavere West represents trademark applicants in responding to both non-final and final Office Actions.
Common issues include:
Section 2(d) likelihood-of-confusion refusals
Section 2(e) descriptiveness refusals
Merely descriptive trademark refusals
Geographic descriptiveness
Specimen refusals
Identification of goods and services issues
Trademark disclaimer requirements
Failure-to-function refusals
Ownership or entity issues
Informational matter refusals
Ornamental use refusals
Did the USPTO Say Your Trademark Is Too Similar to Another Mark?
A Section 2(d) refusal means the examining attorney believes your mark may create a likelihood of confusion with an existing registration.
We analyze the cited registration, the relevant goods or services, commercial impression, marketplace distinctions, and applicable trademark law to determine the best response strategy.
Received a Final Office Action?
A Final Office Action can require a more strategic response.
Depending on the circumstances, potential options may include:
Request for Reconsideration
Trademark Trial and Appeal Board appeal
Additional legal argument
Amendment of goods or services
Consent agreement
Other prosecution strategies
Get Help With Your Office Action
Final Trademark Refusals and TTAB Appeals
Has the USPTO Issued a Final Refusal?
A final trademark refusal does not always mean the application must be abandoned.
Applicants may have options to challenge the examining attorney’s refusal through a Request for Reconsideration or an ex parte appeal to the Trademark Trial and Appeal Board.
Solavere West assists clients with evaluating final refusals and determining whether further prosecution or appeal is appropriate.
We may assist with:
Final Section 2(d) refusals
Final descriptiveness refusals
Requests for Reconsideration
TTAB ex parte appeals
Appeal briefs
Legal research and argument
Strategic assessment of whether to appeal, amend, or refile
Review My Final Trademark Refusal
TTAB Trademark Oppositions
Did Someone Oppose Your Trademark Application?
A trademark opposition is a contested proceeding before the Trademark Trial and Appeal Board (TTAB) in which another party challenges your right to register a trademark.
If someone has filed a Notice of Opposition against your application, deadlines begin running quickly.
Solavere West represents trademark applicants and brand owners in TTAB opposition proceedings.
Our services may include:
Evaluating a Notice of Opposition
Preparing and filing an Answer
Assessing affirmative defenses
Discovery strategy
Written discovery
Document requests
Interrogatories
Requests for admission
Depositions
Settlement negotiations
Consent agreements
Trial briefing
TTAB motion practice
Someone Is Trying to Block Your Trademark Registration?
An opposition can involve allegations such as:
Likelihood of confusion
Priority of trademark rights
Dilution
Descriptiveness
Fraud
Lack of bona fide intent to use
Other grounds for refusal
Early assessment is important because TTAB proceedings have strict procedural deadlines.
Discuss a Trademark Opposition
TTAB Trademark Cancellation Proceedings
Did Someone File a Petition to Cancel Your Trademark?
A registered trademark can be challenged through a Petition for Cancellation filed with the TTAB.
If someone is attempting to cancel your federal trademark registration, it is important to evaluate the petition and respond before the applicable deadline.
Solavere West represents trademark owners and petitioners in TTAB cancellation matters.
We may assist with:
Responding to a Petition for Cancellation
Filing a trademark cancellation proceeding
Evaluating priority and ownership
Challenging registrations based on earlier trademark rights
Abandonment claims
Nonuse claims
Fraud allegations
Likelihood-of-confusion claims
Discovery and evidence
Settlement negotiations
TTAB motions
Trial briefing
Did Another Party Register a Trademark You Believe You Have Prior Rights To?
In some circumstances, a cancellation proceeding may be available to challenge an existing federal registration.
The appropriate strategy will depend on factors including priority, use in commerce, registration history, procedural deadlines, and the grounds available for cancellation.
Discuss a Trademark Cancellation
Trademark Enforcement and Cease-and-Desist Matters
Is Someone Using a Brand Name That Is Too Close to Yours?
Trademark rights can lose value if infringement is ignored.
Solavere West assists businesses with evaluating potential trademark infringement and developing practical enforcement strategies.
Our services may include:
Trademark infringement analysis
Cease-and-desist letters
Responses to cease-and-desist letters
Online marketplace infringement matters
Domain-name disputes
Social media infringement
Brand impersonation
Negotiated resolutions
Coexistence agreements
Settlement agreements
Received a Trademark Cease-and-Desist Letter?
Receiving a demand letter does not automatically mean the other party’s claims are valid.
We can review the asserted trademark rights, evaluate the allegations, assess potential exposure, and help develop an appropriate response strategy.
Review a Trademark Dispute
Copyright Protection
Protect Your Original Creative Work
Copyright law protects many types of original creative works, including written content, artwork, photography, graphic designs, software, website materials, videos, and other original expression.
Solavere West assists creators and businesses with copyright protection and enforcement matters.
Our copyright services may include:
Copyright registration
Copyright ownership analysis
Work-for-hire issues
Copyright assignment agreements
Copyright infringement analysis
Cease-and-desist letters
Online infringement matters
DMCA takedown strategy
Licensing of copyrighted content
Copyright settlement agreements
Has Someone Copied Your Content, Artwork, Product Design, or Creative Work?
We can help evaluate the scope of your copyright rights and determine potential enforcement options.
Discuss a Copyright Matter
Copyright and Trademark Licensing
Licensing Your Intellectual Property
Licensing allows a trademark owner, copyright owner, or business to authorize another party to use intellectual property while retaining ownership.
A properly drafted licensing agreement can help define rights, restrictions, payment obligations, quality standards, ownership, and termination rights.
Solavere West assists clients with intellectual property licensing agreements involving:
Trademarks
Copyrights
Brand names
Logos
Creative content
Software
Product designs
Marketing materials
Digital content
Online platforms
Our licensing work may include:
Trademark licensing agreements
Copyright licensing agreements
Brand licensing agreements
Royalty provisions
Territory restrictions
Exclusivity provisions
Quality-control provisions
Sublicensing rights
Ownership provisions
Termination rights
Intellectual property assignments
Planning to Let Another Company Use Your Brand?
Trademark licensing agreements should address quality control and brand standards in addition to financial terms.
We help clients structure agreements that protect both the commercial value and legal integrity of their intellectual property.
Discuss an IP Licensing Agreement
Intellectual Property Agreements
Protect Ownership Before Problems Arise
Clear written agreements can prevent disputes over who owns intellectual property and how it can be used.
Solavere West assists businesses with agreements involving intellectual property rights, including:
Trademark assignments
Copyright assignments
Intellectual property assignment agreements
Contractor IP agreements
Work-for-hire provisions
Licensing agreements
Brand collaboration agreements
Coexistence agreements
Settlement agreements
Confidentiality and intellectual property provisions
Get Help With an IP Agreement
U.S. Trademark Representation for International Businesses
Protecting Foreign Brands in the United States
International businesses seeking U.S. trademark protection are generally required to be represented before the USPTO by a U.S.-licensed attorney.
Solavere West works with foreign companies, agencies, entrepreneurs, and brand owners seeking to register and protect trademarks in the United States.
We assist with:
U.S. trademark applications
Madrid Protocol applications
Section 44 applications
USPTO Office Actions
Statements of Use
Trademark maintenance
TTAB matters
U.S. trademark enforcement
Portfolio management
Protect Your Brand in the United States
Need Help With a Trademark or Intellectual Property Matter?
Whether you are preparing to file a trademark, responding to a USPTO refusal, defending a registration, challenging another trademark, protecting copyrighted work, or negotiating an intellectual property agreement, Solavere West can help you evaluate your options and determine the next step.
Tell Us What’s Happening With Your Brand
Book a consultation to discuss your trademark, copyright, TTAB, or intellectual property matter with Solavere West.
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