From strategic counseling to litigation, Hogan & Hartson offers a full range of trademark services, including protection, enforcement, dispute resolution, registration, anticounterfeiting and antipiracy, and availability analyses.

We counsel clients regarding the best branding strategy for enhancing and developing strong trademark rights worldwide, including proper selection and use of marks and prosecution of trademark applications and registrations in the United States and in at least 150 countries through our own intellectual property (IP) attorneys in the United States, Europe, and Asia and our comprehensive network of foreign correspondent counsel. Our firm maintains a significant trademark registration and management practice, handling around 4,000 active and registered trademarks in an efficient and cost-effective manner. Our docketing software allows clients to access their portfolio information via a client-specific, secure online network. We make all filings electronically, unless a client requests otherwise. 

We also devote significant attention to enforcing those rights on behalf of clients through various means, such as cease-and-desist activities, trademark oppositions, cancellations, domain name arbitrations, seizures, and litigation before courts and the International Trade Commission. We are experienced in protecting, monitoring, and enforcing various types of trademark rights, including word marks and logos, as well as color trademarks, product packaging, and product configurations. In addition to litigation skills, we have valuable experience in achieving amicable resolutions of trademark disputes through the negotiation of coexistence arrangements and settlement agreements. 

Having an international trademark practice means we stay abreast of trademark law developments not only in the United States, but also throughout the world. We actively participate in the International Trademark Association (INTA); several of our attorneys and other professionals serve on INTA committees, speak at INTA meetings and symposia, write for INTA publications, and host INTA roundtable discussions.

Our trademark clients include software companies, apparel and accessory companies, food and beverage manufacturers, national tourist bureaus, franchises (including one of the leading fast-food franchises), one of the world's leading confectionery companies, owners of the rights to famous characters, international entities seeking to develop a presence in the United States, health care companies, banks, telecommunications companies, manufacturers of medical devices, and foreign trademark firms.

Related Experience

• The firm secured a much anticipated victory for long-term client the American Red Cross in a trademark dispute brought by Johnson & Johnson (J&J) over its use of the Red Cross emblem. Following the favorable decision on summary judgment, all of J&J's remaining claims against the defendants alleging that the sales of American Red Cross branded products by the American Red Cross and its licensees were unlawful were dismissed with prejudice. By affirming the right of the Red Cross to use its emblem or authorize others’ use of its emblem in the sale of products related to its mission, the decision brings an end to a more than 100-year-old dispute between J&J and the Red Cross concerning the parties' respective rights to use the Red Cross emblem.
• On behalf of a major beverage manufacturer, we have litigated a number of cases enforcing trademark and trade dress rights. While some of these cases remain active, several have resulted in consent judgments, injunctions, and favorable settlements by which the defendants agreed to stop selling their infringing products.
• We represented the trademark owner and exclusive licensee of world famous characters, trademarks, and related indicia in a proceeding before the National Arbitration Forum under the Uniform Domain Name Dispute Resolution Policy, successfully obtaining transfer of the domain name to our client.
• We obtained a major victory from the ITC for our clients Kimberly-Clark Corporation and Safeskin Corporation in their ongoing COLOR PURPLE trademark enforcement efforts. As a result of our work, the ITC issued a general exclusion order barring the importation into the United States of all purple protective gloves which infringe Kimberly-Clark and Safeskin's COLOR PURPLE trademarks.
• When a company that manufactures children's clothing under a trademark filed suit seeking to prevent our client from selling adult-sized clothing under a mark alleged to be similar, we defended, obtaining summary judgment dismissing the case.