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For new clients, a legal assistant or other staff member in our firm will intake your case information. If additional information is required to determine if we can assist you with your case, we may offer a free consultation by an attorney to gather more information. A free consultation typically does not include legal advice, is offered only in our sole and absolute discretion, and does not mean that you have retained our firm as legal counsel. Only a written document provided to you by our firm describing our representation and executed by a managing attorney at our firm will establish an agreement by our firm to provide you legal services.

What Names Are Protectable Under Trademark Law?

There are varying degrees of protection for trademarks:
  • Fanciful: A made up name has the greatest level of protection because it is unique to your product. This is seen often with prescription drugs such as Lipitor or Xanax.
  • Arbitrary: The next highest level of protection lies with arbitrary names. These are names that have a meaning that is not associated with the business or product being sold. This includes trademarks such as Amazon, Random House and Coach.
  • Suggestive: Names that suggest the type of business can also be protected. For example, Netflix for online movie rentals or Word for word processing software.
  • Descriptive with acquired distinctiveness: Descriptive trademarks are often difficult to protect, unless the trademark has developed its own distinctiveness. One example of this is the brand PLAY-DOH that has vigorously worked to protect its name and has acquired a distinctive name in the marketplace.
In general, trademarks that are generic or descriptive in nature are not afforded trademark protection. Additionally, a trademark may become generic or descriptive over time. It is important to work diligently to protect your trademark and avoid dilution.

The lawyers at McClanahan Powers, PLLC, can help you with trademark protection in the Virginia and Washington, D.C. areas. Attorneys at the firm provide skilled representation and knowledgeable advice regarding all aspects of your intellectual property and brand.

To see if you qualify for a free initial consultation, contact McClanahan Powers by e-mail or at 703-520-1326. All calls and e-mails are returned within 24 business hours.

Trademark Trial and Appeal Board (TTAB)

Attorneys at the firm protect clients' trademarks in actions before the Trademark Trial and Appeal Board (TTAB). The TTAB is an administrative board that handles adversary proceedings involving trademarks. This includes oppositions during registration, where a party opposes the registration of a mark after notice has been published in the Official Gazette. The TTAB also hears matters involving:
  • Cancellations of existing trademarks
  • Trademark interference and concurrent use issues
  • Appeals
If you have received a notice of opposition or notice concerning another action before the TTAB, it is important to respond. Ignoring an opposition or other action can put your trademark in jeopardy.

Fairfax County Trademark Trial Attorneys

Hearings before the TTAB are similar to a trial and follow the civil rules of procedure. You risk losing your trademark and your registration fee. The attorneys at McClanahan Powers can help you through this process and will work to aggressively protect your trademark at every stage in the process.

Contact McClanahan Powers for a Free Initial Consultation

To receive world-class service for your trademark matter, call the lawyers at McClanahan Powers at 703-520-1326. Or, to send an e-mail, please complete and submit the online form on this website. Flexible appointment times and payment options are available.