Trademark Attorneys: Registration, Enforcement & Licensing
Your company's name and the names of your products or services define you and your place in the market. The greater your exposure, the greater the chance someone will try to use your trademark for their own profit, which is why trademark protection matters to your business. Caseiro Burke, based in Scarborough, Maine, represents businesses and individuals in trademark matters in the United States and abroad.
Our Trademark Services
- Trademark Search and Clearance
- US Prosecution and Maintenance
- Foreign Trademark Prosecution including Madrid Protocol
- Oppositions and Cancellations before the US Trademark Trial and Appeal Board
- Trademark Licensing and Assignments
- National and International Watch Service
- Representation in Trademark and Domain Name Disputes
Trademark Basics
What is a trademark?
A trademark is any word, symbol, or other designation used to distinguish the source of particular goods or services from those of others. Trademarks are limited to commercial use and can be limited by geographic scope and industry. Registrations can be obtained at the federal and state levels, depending on the scope of protection you want. Trademark rights, however, are established and maintained through use.
What is federal trademark registration?
If you are selling your goods or services in multiple states and/or outside the US, federal trademark registration is preferable. Registration on the Principal Register provides:
- A legal presumption of your ownership of the mark and your exclusive right to use it for the registered goods or services nationwide
- Nationwide constructive priority as of your filing date, and constructive notice of your claim of ownership
- Access to the federal courts for infringement claims
- The right to use the ® symbol, which can deter others
- Eligibility for incontestable status after five years of continuous use following registration, if statutory requirements are met
- A basis for foreign trademark filings, including under the Madrid Protocol
Registration must be maintained through periodic filings with the USPTO.
International Trademark Protection
Can I register my trademark in another country?
Yes, and you should if you are selling your goods or services in a foreign market. US trademark registration only provides trademark protection in the United States. The United States is a member of the Madrid System, administered by the World Intellectual Property Organization (WIPO), which had 116 members covering 132 countries as of the end of 2025. You can file directly in individual countries, which typically requires foreign associates, or file a single Madrid Protocol application based on a U.S. application or registration and designate the member countries where you want protection. Each designated country still examines the mark under its own law.
Trademark Licensing and Assignments
Can I license my trademarks?
Yes. Caseiro Burke works with licensors and licensees to prepare and negotiate trademark license agreements.
A trademark owner may transfer some or all of its rights to others by assignment or license. A license authorizes use that would otherwise be infringing, often in exchange for consideration such as a royalty. A licensor generally must also control the quality of the goods or services offered under the mark, or it risks weakening its rights.
These agreements can be technical and should be prepared with an attorney. If you are considering licensing your trademarks or need help negotiating a license, contact Caseiro Burke. We also prepare IP agreements covering other intellectual property.
Trademark Infringement and Cease and Desist Letters
What is trademark infringement?
Trademark infringement exists through the unauthorized use of the same or similar trademark of another for the same or similar goods in a way that is likely to cause confusion for relevant consumers. The party asserting infringement must show that it is:
- The owner of a valid and legally protectable mark; and
- The infringer's use of the mark to identify goods or services results in a likelihood of confusion.
The trademark does not necessarily have to be registered to file a lawsuit for trademark infringement. Defenses to trademark infringement lawsuits include, in addition to differences between the trademark(s) and/or the products, laches, estoppel, unclean hands, fair use and collateral use. These defenses can be complex and require an experienced attorney to assess whether they are viable defenses.
If you believe your trademark(s) are being infringed or someone has threatened to take legal action, give Caseiro Burke a call.
Received a cease and desist letter?
It is becoming more common for small businesses to receive cease and desist letters attempting to stop trademark usages. Before giving up your mark, have an intellectual property attorney evaluate whether the claim is viable. If you believe your own mark is being infringed, or someone has threatened legal action, call Caseiro Burke at 207-219-8418. See also our pages on IP litigation and enforcement and copyright law.