For scaling companies, a brand is an asset that investors and acquirers examine: trademarks are part of what gets valued in a financing and scrutinized in diligence. We handle trademark work as portfolio strategy tied to launches, financings, and exit, not as a one-off filing. The goal is a brand position that holds up when it matters most. We handle it within our fractional general counsel relationship, alongside the copyrights and trade secrets that complete a company’s IP portfolio.
Clearance and Registration
Before a mark is filed, we run a clearance search and provide a legal opinion on the likelihood of successful registration, so issues surface before a launch or a raise depends on the mark. Once cleared, we prepare and file the application with the USPTO and manage it through examination, including office action responses.
Portfolio and Protection
As the company grows, the portfolio has to grow with it. We handle the work that keeps brand rights enforceable and diligence-ready:
- Trademark search and clearance
- Office action responses
- Maintenance and renewals
- Monitoring and enforcement
- Assignments and licensing
- Opposition and cancellation proceedings
Trademarks are protected under federal law, so we assist clients in any state or country.
Frequently Asked Questions
When should we clear a trademark?
Before a launch and before a financing. A clearance search done early surfaces conflicts while the brand can still be changed fairly easily, rather than after marketing, packaging, or a raise has committed the company to a mark. We provide the search results with a legal opinion on the likelihood of successful registration.
How does trademark registration affect diligence and valuation?
Investors and acquirers treat brand rights as part of what they are buying. A registered, properly held, conflict-free mark supports valuation and moves diligence along; gaps, unregistered marks, or ownership held personally rather than by the company can become questions at the table. We structure the portfolio so it reads clean.
How does the registration process work?
After clearance, the application is filed with the USPTO and entered for examination, which generally takes several months before an examiner reviews it. The examiner either approves the mark for publication or issues an office action raising legal issues that must be resolved. Once published without successful opposition, the mark proceeds to registration, or to a Notice of Allowance if the mark was not yet in use at filing.
Can you help if we are not located in New York?
Yes. Trademarks are protected under federal law, so we assist clients in any state or country.
