Overview
Locke Lord attorneys provide assistance around the globe in the acquisition, development, protection and enforcement of intellectual property rights.
We evaluate and offer advice on patent and trademark barriers to clients wishing to enter the U.S. market. We provide advice on the patent validity and infringement issues raised to entry in the U.S. market, and offer written opinions to help shield clients from court decisions of treble damages for patent infringement. Our attorneys also evaluate the risk of infringement by use of company names, brand names and logos, proposed for use in the U.S. If the risks are unacceptable, we may advise clients on how to design around or take licenses under the patents that may be infringed. We advise on how to avoid infringement of company names and registered trademarks already in use by others in the U.S.
Our attorneys assist clients in protecting their intellectual property rights worldwide by assisting with the identification of potentially patentable subject matter, preparing and filing applications directed to that subject matter, selection and screening of trademarks, and the registration of trademarks and copyrights.
For U.S. clients, we have a network of associated independent law firms around the world through which we routinely file and prosecute international patent and trademark applications, both at a national level and also on a regional basis through the European Community Trademark, the European Patent, the Benelux Trademark, African, and other regional jurisdictions for international patents and trademarks.
We are skilled in filing and prosecuting clients’ patent and trademark applications in the U.S., claiming priority under the Paris Convention for applications in the home country. Because the U.S. also has a parallel system of trademark registrations in all 50 states, our attorneys also represent and advise clients in filing under each of these 50 states’ trademark jurisdictions. Our attorneys also represent clients outside the U.S. in literary property matters and obtain copyright registration in the U.S.
Locke Lord attorneys handle international patent applications under the Patent Cooperation Treaty (PCT) from the filing, through the international phase, and then through the national phase in the countries of choice. We represent clients in the PCT international phase, who often claim priority to a prior application filed in the home country. Our attorneys typically use the U.S. Patent and Trademark Office as the Receiving Office filing international patent applications in the World Intellectual Property Organization. We also receive and review the International Search Report, Written Opinion, and International Preliminary Report on Patentability, where applicable, and advise as necessary for patent amendments or other prosecution steps. We then coordinate on a worldwide basis the national phase filings in the member countries and regions of choice for prosecution in coordination with our international network of independent law firms.
Through the Madrid Protocol, we represent U.S. clients in filing international trademark applications with the World Intellectual Property Organization. We then can extend these international trademark applications to have national effect in most member countries of the world that are members of the Madrid Protocol. To achieve the best results, we have experience in advising U.S. clients and implementing strategies for filing of trademark applications by a combination of filings under the Madrid Protocol, the European Community Trademark, and on a national basis in each foreign country.
Our attorneys have experience before the U.S. Trademark Trial and Appeal Board (TTAB) in challenging and defending U.S. trademark applications and registrations for U.S. and foreign clients. In particular, we have represented clients before the TTAB in opposition actions against trademark applications and cancellation actions against trademarks.
Locke Lord attorneys file and defend patent and trademark litigation in virtually every country and international jurisdiction in coordination with our network of independent law firms around the world.