Trademarks & Brand Protection

At Lempia Summerfield Katz, we provide strategic, end-to-end trademark counsel designed to protect your brand and amplify your market presence.

Trademark attorneys reviewing a client's intellectual property

End-to-End Trademark Protection

Our proactive approach identifies potential legal roadblocks before you invest heavily in marketing, clearing a safe path to commercialization. From the initial selection of a product name, developing filing strategies, to registration, maintenance and ongoing enforcement, we ensure your trademarks rights remain strong, and highly defensible. We manage the entire lifecycle of your brand.

Your Brand Is a Business Asset

Your brand is often the first thing customers encounter and the last thing they forget. We treat trademarks not as isolated legal filings, but as core business assets that deserve the same strategic attention as any other investment. By understanding your market position, growth plans, and competitive landscape, we build trademark strategies that grow with your business rather than simply react to it.

Trademarks Services

Brand Selection Counseling

Collaborating with your executive and marketing teams to select inherently strong, legally enforceable marks that stand out in crowded markets.

Strategic Clearance & Searching

Rigorous analysis of domestic and international databases to identify potential conflicts and confirm availability before you launch.

Global Application & Prosecution

Expert drafting and targeted prosecution before the United States Patent & Trademark Office (USPTO), as well as international filing coordination via the Madrid Protocol and direct foreign filings.

Vigilant Portfolio Management

Comprehensive maintenance, renewal tracking, and global watch services to actively police your marks against infringement.

Enforcement Strategies

Development and implementation of enforcement programs and activities.

Why Choose Lempia Summerfield Katz?

  • Legal Experience 
    Our attorneys and paralegals have significant experience in all aspects of trademark and brand protection.
  • Global Coordination 
    We act as your single point of contact for seamless, multi-jurisdictional brand protection.
  • Industry Expertise 
    We protect brand equity across diverse sectors.
  • Client-Focused Fees 
    We offer transparent, client-focused fee structures tailored to align with your specific IP budget and corporate growth phase.
Trademark attorneys in Chicago

Trademarks FAQ

In the United States, simply using a name gives you "common law" rights, but these rights are restricted to the geographic area of use.

Federal registration with the USPTO provides critical business advantages:

  • Nationwide Exclusivity: It grants you the exclusive right to use the mark across the entire U.S.
  • Constructive Notice: It creates a legal presumption of your ownership of the mark and notice to the public, preventing third parties from defending on the basis of lack of knowledge.
  • Brand Authority and Deterrence: It allows you to use the coveted ® symbol, which deters competitors.
  • Enforcement: It provides the ability enforce the registration and sue in federal court for infringement.
  • Customs Protection: You can record your mark with U.S. Customs to automatically block counterfeit imports at the border.

A clearance search is your first line of defense in risk management. Before you invest heavily in product packaging, marketing campaigns, and website domains, you need to know if someone else already owns the rights to or is confusingly similar to your proposed name.

Failing to run a clearance search can result in a USPTO rejection or, worse, a costly "cease and desist" demand from a competitor that forces you to rebrand your product after launch.

Yes, but there is no single "worldwide trademark." Trademark rights are jurisdictional, meaning you must secure protection in each country where you plan to manufacture or sell.

We expertly coordinate international protection strategies, utilizing centralized filing systems like the Madrid Protocol alongside foreign direct filings through our trusted network of foreign associate counsel. We manage the entire global portfolio so you have a single point of contact.

Unlike a patent, which eventually expires, a trademark can last forever—provided you use the actively maintainthe registration. Our portfolio management and docket system tracks your deadlines and avoids lapse in rights.

In the United States, the USPTO requires maintenance and renewal filings to demonstrate use of the trademark.

The burden is on the trademark owner to enforce its mark against infringers. We can provide watch services to monitor the third party filings so we can stop them early.