Trademark law protects consumers from being confused about the source of goods and services. It pays to be proactive in the selection, adoption and protection of trademarks and service marks.

Worden Thane has represented a variety of small- and medium-sized businesses help recognize and protect the value of their business and product names, logos and trade dress.¹ As Montana businesses migrate to the web and extend their reach beyond the borders of our state, they have found increasing problems with other businesses attempting to use their marks.

Worden Thane can assist in checking the availability and protection of your trademark and trade dress interests. We walk you through the federal trademark registration process, and respond to a variety of concerns that may come up along the way. We have experience in defending and prosecuting opposition actions before the Trademark Trial and Appeal Board. Additionally, Worden Thane has represented many businesses in prosecuting and defending actions for trademark infringement, unfair competition and related litigation in both state and federal district courts.

Finally, Worden Thane has experience in secured transactions and intellectual property licenses and assignments, including negotiating, drafting and recording licenses and assignments as required. In purchasing and selling a business, it is not uncommon for the parties and attorneys to overlook the proper assignment of marks or documentation of security interests in marks.

¹The distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace — for example, the shape of Frangelico liqueur bottles. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to the product origin if another product were allowed to appear in similar dress.

You may also read our online article about Trademarks.