Trademark Law Representation

Aggressive and Competent Trademark Attorneys

Coleman & MacDonald Law Office will prepare, file, and prosecute trademark applications before the United States Patent and Trademark Office and individual state trademark offices. We also search for existing trademarks and provide expert advice regarding your Trademark rights. We represent clients before the U.S. Trademark Trial and Appeal Board in interparty Opposition and Cancellation proceedings.

We represent clients before State and Federal Courts in trademark litigation matters. If you feel another party is infringing your trademark or if you are accused of violating the trademark of another party, give us a call. We will review the facts with you, discuss the relevant law and provide our opinion on how to proceed.

We also handle Uniform Domain Name Dispute Resolution Policy (UDRP) cases. Whether you are a petitioner or a respondent in a UDRP case, we will prepare and file a Complaint or Response for a flat fee of $3,000. Filing fees are extra and vary significantly depending on the forum. The above quote for handling UDRP cases does not include a U.S. District Court domain name dispute.

Trademark Law Basics

Trademark is a general term used to describe trademarks and service marks. A trademark is a word, phrase, symbol, design, or combination of words, phrases, logos, or designs that identifies and distinguishes the source of the goods of one party from those of others. A trademark is used in connection with the sale of goods and usually appears on a product or packaging materials associated with the product.

A service mark identifies and distinguishes the source of a service (e.g., H & R BLOCK for tax services, ACME LANDSCAPING for a lawn cutting service.) Usually, a service mark is used in advertising materials for the service. Trademark law is a unique blend of state and federal laws. Each state in the United States has laws regarding trademarks, and in addition to each state's laws, there is a separate and distinct set of federal laws which govern trademarks.

Trademark Case Fees

We offer no charge for our initial consultation for trademark cases which is a one-hour session. Other fees for specific services can be found below:

Preparation and filing of a U.S. trademark registration: Application for a single class of goods or services; filing fees not included. $400

Response to office action: Flat fee quotes are offered based on the extent of work required to draft a response to an office action. $250 – $1,200

Statement of use: Preparation and filing of a Statement of Use for one class of goods/services; filing fees not included. $250

Preparation and filing of complaint or answer: for trademark opposition or cancellation proceeding; filing fees not included. $250/hr.

Additional Trademark Services

• Patent cooperation treaty
• (PCT) applications
• Trademark searches
• Trademark applications
• Opposition proceedings
• Cancellation proceedings
• Trademark infringement, non-infringement opinions
• Concurrent use agreements
• Inter partes proceedings
• Trademark licensing
• Trademark litigation
• Foreign trademarks

Representative Litigation Matters

• CLIFF ELECTRONIC COMPONENTS LTD V. AMPHENOL CORP. ET AL.
• U.S. Dist. Court for the District of Connecticut 3:04-cv-01106- JCH
• MERLOT COMMUNICATIONS, INC. V. SERCONET, LTD.
• U.S. Dist. Court for the Southern District of New York 1:06-cv-023355- JSR
• POWER TOOL SPECIALISTS, INC. V. BLACK & DECKER, INC.
• ET AL. U.S. District Court for the District of Massachusetts (Springfield) 3:05-cv-30287-MAP
• POWER TOOL SPECIALISTS, INC. V. WMH TOOL GROUP, INC.
• U.S. District Court for the District of Massachusetts (Springfield) 3:04-cv-30103-MAP
• STURGIS MOTORCYCLES, INC. V. STURGIS AREA CHAMBER OF COMMERCE
• U.S. Patent and Trademark Office, Trademark Trial and Appeal Board Trademark Opposition
• No. 91154601, Mark: STURGIS
• STURGIS MOTORCYCLES, INC. V. STURGIS AREA CHAMBER OF COMMERCE
• U.S. Patent and Trademark Office, Trademark Trial and Appeal Board Trademark Opposition No. 91155334, Mark: BLACK HILLS
• INSITE POWER SOLUTIONS, INC. V. VISION BUILDER COMPANY, INC. ET AL.
• Plymouth County Superior Court, Massachusetts PLCV2010-01368-A
• JASON PISKATOR V. RICHARD D. GERBER AND JOY GERBER, DBA COUGAR CANYON IMPRESSIONS
• U.S. Patent and Trademark Office, Trademark Trial and Appeal Board Trademark Opposition No. 91196458, Mark: NUFF SAID