PATENTS        TRADEMARKS & COPYRIGHTS        LITIGATION       OPINIONS & COUNSELING

Patent Prosecution With A Focus On Value

New concepts and inventions are the life-blood of our economy. For inventors, small and midsized businesses and large corporations alike, obtaining proper patent protection is critical in maintaining a competitive edge. BRAXTON PERRONE is a cutting edge legal resource in dedicated to providing effective and efficient intellectual property counsel, and representation.

Synthesizing Solid Legal Judgment With Scientific Knowledge

Developing a solid patent strategy requires thorough analysis of your new concept, as well as your business goals. The full scope of protection is defined by the approved claims in the patent. Our approach to patent prosecution couples the sound legal judgment of our team of experienced lawyers with our diverse scientific knowledge to effectively and efficiently determine the claims needed to protect your business assets.

Through teamwork, we are able to fuse multiple perspectives to craft solid patent strategies that meet the business needs of our clients. We thoroughly evaluate the new concept scientifically and legally, analyze the relevant prior art and assess our clients' business goals to maximize value with well-grounded claims.

When you work with our patent prosecution attorneys, you will work with a senior lawyer every step of the way. Our partners each have the scientific credentials, the legal experience, and the desire to provide highly efficient, responsive representation in:

    •    Performing patentability studies and due diligence

    •    Preparing and prosecuting patent applications

    •    Providing strategic prosecution in parallel with pending or anticipated litigation

    •    Post-grant patent practice before the USPTO Patent Trial and Appeal Board (PTAB) See below.

    •    National stage patent filings

    •    Patent Cooperation Treaty (PCT) and other international patent filings

Comprehensive Post-Grant Proceedings Representation

The U.S. Patent and Trademark Office (USPTO) conducts rigorous internal examinations of each patent application. Once a patent issues, disputes often arise over whether that examination process should have resulted in a patent. As full-service patent prosecution lawyers, we are committed to providing effective advocacy both during the patent application process, as well as in the various post-grant review proceedings conducted before the Patent Trial and Appeal Board.

We provide individuals and businesses with exceptional patent counseling services, and can advise you concerning the pros and cons associated with a challenge of the validity of a patent through one of the post-grant proceedings available at the USPTO. Post-grant proceedings can accomplish a variety of goals. We will fully explain your options and the cost-benefit of each to allow you to make informed decisions.

Third-Party Challenges Against An Issued Patent

The USPTO offers several avenues that a party may take to challenge the validity of a patent, including:

• Inter Partes review: A party wishing to challenge the validity of one or more claims of an issued patent as obvious or anticipated may opt to petition the PTAB for inter partes review (IPR). An IPR is an adversarial proceeding resolved in an administrative setting.
   
• Post-grant review: Like the inter partes review proceeding, a post-grant review challenge to the issuance of a new patent is an adversarial proceeding. A post-grant review allows a party to raise a broader range of challenges to the patent claims.
   
• Derivation proceedings: When two or more parties claim to be the inventor for the same invention, a derivation proceeding is an option to protect the true inventor's rights. A derivation proceeding may occur while a patent is under examination. This type of challenge is available so long as the proceeding is initiated within one year from the date that a patent claim in dispute
  was first made public.
   
• Ex Parte Reexamination: A third party may petition the USPTO for the ex parte reexamination of a patent. A party whose rights are impacted by an issued patent may wish to request this type of administrative review as a cost-effective method to challenge another's patent rights. This type of review proceeds as a non-adversarial patent examination between the patent owner and the USPTO, with the requesting party not directly involved in the examination.
   

Turn To Seasoned Patent Attorneys For Effective Representation

The patent attorneys at BRAXTON PERRONE each have the scientific background and vast legal experience to provide effective advocacy in all stages of the patent process. We draw on that knowledge equity to synthesize complex scientific information into terms patent examiners understand. For seasoned judgment and unsurpassed personal service, call 469-814-0047 or contact us online. The confidential initial consultation is complimentary.

PATENTS        TRADEMARKS & COPYRIGHTS       LITIGATION        OPINIONS & COUNSELING

Experienced Trademark Lawyers Who Will Protect Your Brand

The identity of your company is communicated to customers through your company name, logo, your products, as well as other images and phrases that you use to set you apart from competitors. If a competitor uses a similar mark, consumers could be confused and the quality of your product could be called into question. Your goodwill and image are at stake. Obtaining federal trademark protection is a valuable tool to allow you to protect and strengthen your brand.

Trademark Representation Delivered With Agility

The trademark attorneys at BRAXTON PERRONE provide efficient and effective legal counsel and representation to businesses of all sizes nationwide. Our lawyers have valuable intellectual property law experience drawn from time spent working at larger firms.

BRAXTON PERRONE provides businesses and individuals with full-service trademark representation, including:

• Providing trademark screening and search services
• Preparing and prosecuting trademark applications
• Responding to office actions from the U.S. Patent and Trademark Office
• Rigorous advocacy in Cancellation and Opposition proceedings before the TTAB
• Cost-benefit counseling and representation in appealing a denial to the TTAB
• National stage trademark applications
• International trademark filing

Experienced Representation In Trademark Appeals and Adversarial Proceedings

Many trademark disputes are heard in federal court. The United States Patent and Trademark Office, however, allows challenge of trademark applications in an administrative setting. Prompt action to protect your brand may involve monitoring trademark applications for marks similar to those used by your company, filing a notice of opposition, or initiating a proceeding before the Trademark Trial and Appeal Board ("TTAB") to cancel an issued trademark registration. Similarly, the denial of a trademark application may necessitate an appeal
to the TTAB.

BRAXTON PERRONE comprises three partner-level attorneys with more than 35 years of combined intellectual property law experience. Our new breed of law firm is founded on the principle that small, midsized, and large businesses need responsive intellectual property counsel to take swift and decisive action when their trademarks are at risk. Our attorneys work efficiently to quickly build a position of strength to protect the trademark rights of our clients.

Understanding Trademark Appeals, Opposition And Cancellation Proceedings

Our full-service trademark lawyers represent businesses of all sizes. We vigorously defend and prosecute both opposition and cancellation proceedings to safeguard the trademark rights of our clients. If you have concerns about protecting your company's trademarks, we invite you to call 469-814-0047 to learn how we can help. Below, we have listed some common trademark questions that arise.

The USPTO denied my trademark application. Can I appeal the examiner's decision?

Yes, if done so in a timely manner. The USPTO rigorously reviews each trademark application for conflicts with existing marks. That does not always mean that the denial of a trademark registration is proper. If your application has been denied, the decision to appeal the denial requires a full understanding of your legal options, as well as the risks, costs and potential benefits of seeking an appeal. Our trademark lawyers will thoroughly review the examining attorney's decision and provide straightforward advice concerning your legal options. Overcoming an adverse decision can be complicated and an appeal is not always recommended. We will fully evaluate and explain the cost-benefit analysis in connection with a possible appeal of the examining attorney's decision.

One of my competitors has obtained approval for a trademark that compromises my brand. 
Can I oppose registration of the mark?

Yes, if done so in a timely manner. Trademark law blends statutory law with common law principles. While trademark registration is an effective tool to provide protection against competitors usurping your goodwill, disputes over the use of a mark can arise during the registration process. A business or individual may oppose a third party's attempt to register a trademark if the proposed new mark is confusingly similar to its own branding efforts, or if the applied-for trademark is not worthy of protection under the law. This can be a cost-effective method to resolve trademark disputes without initiating a costly trademark infringement lawsuit.

Another company's registered trademark is causing confusion for my clients. 
Can I get the USPTO to cancel a registered mark to protect my brand?

The TTAB may cancel a registration for a trademark that would cause confusion in the marketplace, or that is determined to be invalid. In general, a petition to cancel a trademark registration must be filed within five years of the date of registration. Cancellations may be based upon proof that:

• The registered mark is confusingly similar to a trademark (registered or non-registered) that was
  used in commerce before the use of registered mark began
• The registered mark has been abandoned by the trademark holder
• The trademark is generic or merely descriptive in nature
• The registered mark was obtained by fraud
• The registered mark is not owned by the named registrant

Protect Your Company's Image — Call To Learn More

The experienced trademark lawyers at BRAXTON PERRONE will fully analyze your legal position and provide effective representation to protect your business goals. To schedule a free initial consultation over the phone or in our office, call 469-814-0047 or send us an email. We are strategically located in the North Texas tech corridor and represent companies of all sizes throughout the nation.

PATENTS        TRADEMARKS & COPYRIGHTS       LITIGATION        OPINIONS & COUNSELING

Top-Flight IP Litigation Lawyers

The lawyers at BRAXTON PERRONE are experienced intellectual property litigation attorneys who are driven to protect the IP assets of our clients. Disputes over intellectual property rights can arise in a variety of contexts. The commercial advantages that IP assets, such as patents, trademarks and copyrights provide require decisive action when disagreements over the use of intellectual property occur. Moreover, the technical, scientific and conceptual qualities that are associated with IP demand the focused skills of a lawyer who has a strong command of intellectual property law. 
 

Forward-Thinking Litigators With The Seasoned Judgment You Need
 

Our seasoned litigators bring forward-thinking solutions to the table, based upon sound legal judgment, a firm understanding of our clients' business objectives and our deep knowledge of intellectual property law. Because we focus exclusively on IP, our lawyers do not have to switch gears to investigate, prepare and present a compelling case to efficiently resolve IP disputes. 

Each partner at the firm has substantial litigation experience. Our lawyers often collaborate to bring you the full value of more than 35 years of combined experience in developing dispute resolution strategies. The multiple perspectives from our team of accomplished litigators help to ensure that our clients' best interests are fully addressed.

We represent clients in negotiations, mediation, arbitration and in federal court to obtain cost-effective results without ever losing sight of our clients' goals. We have the experience and resources to handle high-stakes and complex IP disputes, including:

Patent infringement: Effective analysis of patent infringement disputes requires well-grounded scientific and legal knowledge. Our accomplished patent lawyers combine their scientific and legal knowledge to provide comprehensive analysis from multiple perspectives to build a position of strength.

Trademark infringement: Protecting your company's image, goodwill and brand requires prompt and decisive action. Our trademark infringement litigation attorneys enforce and defend the trademark rights of our clients inside and outside the courtroom.

Trade secrets litigation: Protecting trade secrets in a competitive marketplace is critical to the success of your company. We rigorously prosecute and defend all manner of trade secret disputes, including breaches of confidentiality and nondisclosure agreements.

Local counsel services: We team up with attorneys from other states to represent clients in lawsuits filed in the Eastern District or Northern District of Texas. Our attorneys work well with counsel from other jurisdictions to smoothly and efficiently help clients navigate through their Texas-based patent or trademark litigation. 

If you are involved in a legal dispute involving a patent, trademark, copyright or trade secrets, contact BRAXTON PERRONE. We will help you protect your legal rights and your business interests. Call 469-814-0047 or contact us online to arrange your free consultation.

PATENTS        TRADEMARKS & COPYRIGHTS        LITIGATION       OPINIONS & COUNSELING

New concepts, inventions, trademarks and trade secrets are vital business assets. The value of your intellectual property, however, can be diminished or eliminated without a strategic plan in place. Securing patent protection, registering a trademark, acquiring intellectual property, and licensing are important considerations at any stage of business.

For example, bringing a new product to market can be costly. Does the concept potentially infringe an existing patent? Does your planned branding strategy harbor the risk of potential trademark or trade dress litigation? The intellectual property attorneys at BRAXTON PERRONE have substantial experience in helping clients develop and manage their IP interests.

Effective IP Counsel, Focused On Your Individual Business Goals

With more than 35 years of combined experience, we do more than prosecute trademark and patent rights. Our partner-level lawyers work directly with individuals, inventors and businesses to help clients develop individualized strategies to manage their IP rights — including providing our clients with sound legal guidance in how best to acquire, grow, exploit and enforce their intellectual property rights.

In a fast-paced marketplace, our approach to efficiency and effective representation is a valuable resource. Because you will work exclusively with senior attorneys, you gain the advantage of seasoned legal judgment at every stage of the relationship.

Work With An Experienced Lawyer To Maximize Your IP Assets

We work directly with clients to identify opportunities for building strong IP protection, product development options and risk management strategies. We strive to efficiently identify potential risks of infringement. Our goal is to provide effective counseling to help our clients align their IP interests with their overall business objectives in all manner of IP opinions and counseling matters, including:

• Investigating and preparing written opinions concerning patent enforceability, infringement and validity
• Addressing the nuances and distinctions between invalidity opinions and non-infringement under the current state of the law
• Rendering opinions on trademark infringement and registrability
• Conducting freedom-to-operate studies for new ideas
• Advising clients about potential design around strategies
• Conducting due diligence in acquiring, licensing, asserting or transferring intellectual property rights
• Counseling businesses in effective ways to protect their trade secrets

To learn more about how our lawyers can champion your IP rights, call 469-814-8296 or send us a message online. BRAXTON PERRONE is conveniently located in Plano, in the heart of the Dallas-Fort Worth Metroplex and the North Texas tech corridor. We offer free initial consultations to allow you to feel comfortable in choosing your IP lawyer.

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