Our trademark attorneys work closely with clients to develop strategies that protect and maximize the value of their brand or trademark including registration, litigation, licensing and representation before the United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB). Trademarks and service marks (“mark”) generally include words, logos, symbols, designs and slogans. We help clients file applications and work with the USPTO to register their marks. Once businesses invest time and money into developing a mark, businesses must protect that trademark through litigation or other proceeding to avoid the likelihood of confusion and loss of goodwill.

Additionally, the trademark attorney can help to address grievances before the USPTO TTAB. Clients come to us for numerous reasons, including to defend their mark or defend against an unfair monopoly being granted to another party. We advise clients on whether to oppose a registration application, move to cancel a registered trademark, appeal a final office action or TTAB Order, and seek concurrent use or an assignment. Further, when clients are faced with defending against a Petition to Cancel or Opposition to Registration of a Trademark, we work with clients to develop effective defensive and counterclaim strategies. Contact us to see how we can help you.

Our trademark attorneys have experience with the following:

Trademark Litigation including trial
Cancellation and Opposition Proceedings before the USPTO TTAB
Filing applications to obtain registrations from the USPTO
Responding to USPTO Office Actions
Domain name disputes
Domain name strategy counseling and protection
Assignments and due diligence
Trademark and trade dress counseling
Licensing strategies

Trademark Infringement

We know how frustrating it can be for clients to develop their brand or trademark only to have another business cause confusion in the marketplace by using a name or logo that is confusingly similar to their trademark. Our firm is experienced with trademark infringement matters and helps clients make sense out of the complexities of law to guide them through the litigation process and resolve the matter at trial, settlement or other means of resolution.

We also know how frustrating it can be for clients to be sued or receive a letter demanding that they cease and desist from infringing a trademark when they have used the mark in fair use or the mark at issue (even if registered) is generic and cannot be protected. There are several exceptions and defenses to allegations of trademark infringement, which we examine carefully with each of our clients. We are here to help clients understand what action they can take to defend their business against these allegations or work to settle the matter in a manner that is most advantageous to them. Contact one of our experienced trademark attorneys to discuss the facts of your case.

Trade Dress

We help clients protect their Trade Dress rights and defend against allegations of Trade Dress infringement under Trademark Law and Unfair Competition laws. We can also help clients seek registration of their Trade Dress with the USPTO. Trade Dress law includes a complex set of rights associated with the promotion of a business, its goods or services. This may include, among other things, the distinctive look of advertising, colors and configurations of a building, or signage. Contact us to see how we may help you.

Trademark Registration

WB Mills conducts searches for potentially confusing Marks and files trademark applications with the USPTO. We analyze the strength or weakness of the proposed Mark and work with clients to seek registration of their trademarks. Additionally, clients come to us to help them overcome refusal to register Office Actions issued by the USPTO. Our clients are smart business people, but do not have the time or background to fully comprehend the issues that may arise during any trademark application proceeding. We are here to help simplify matters for our clients.

Trademark Trial and Appeal Board Proceedings

We represent clients in administrative proceedings before the USPTO TTAB. WB Mills assists clients who seek to oppose the registration of a pending trademark, cancel a registered trademark or use trademarks concurrently. We also represent clients against petitions to cancel and oppose trademark registration. Call us to see how we can help you.

Frequently Asked Questions

Q. What is a trademark or service mark?

A trademark or service mark is a word, phrase or symbol (e.g., business name, slogans or logos) that businesses use to identify their business and distinguish their business, product or service from those of competitors, which may result in goodwill and increased value.

Q. What is trade dress?

Trade dress is a type of trademark. However, rather than a word, phrase or symbol that normally comprises a trademark, trade dress is the overall design of a product and its packaging.

Q. Can I protect a feature of the product design and its packaging that is functional?

No, courts have found that if a feature of the product is functional, then the feature does not qualify as trade dress.

Q. What is the USPTO?

“The United States Patent and Trademark Office (USPTO) is the federal agency under the Department of Commerce and is responsible for granting U.S. patents and registering trademarks.” USPTO website: https://www.uspto.gov/about-us (last visited July 14, 2025).

Q. What is the TTAB?

“The Trademark Trial and Appeal Board (TTAB) handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations.” USPTO website: https://www.uspto.gov/trademarks/ttab (last visited July 14, 2025).

Q. What are the most common TTAB trademark proceedings?

Trademark oppositions, cancellations, and appeals from final refusals to register a trademark.