Clearance and Counseling
Our experienced team of attorneys will ensure that the intellectual property (IP)you want to use and secure the rights are available for use and registration and will not infringe the rights of others. Our "multi-attorney review" policy guarantees that more than one lawyer will examine every result and opinion before they are presented to you. Our extensive experience allows us to provide realistic opinions on specific IPs' availability and practical recommendations for using and registering them to avoid or minimize potential problems.
Trademarks
We offer flexible options for clearing and assessing the risks involved for your new brands. We conduct reviews and advise on numerous complex clearances worldwide, offering thorough and direct opinions and recommendations.
For domestic clearance, we begin with preliminary screening (identical) searches to identify any obvious potential conflicts. The best time for conducting these preliminary screening (identical) searches is when you are still considering multiple brand name options, before marketing campaigns have been developed, and before you have committed to one brand.
We also offer detailed trademark availability searches and assessments, which may include follow-up Internet investigations to learn more about potential obstacles revealed in the searches and common law searches.
Worldwide or regional searches are treated similarly and often involve the assistance of our experienced local attorney in each country/region.
Copyright
We help our clients identify possible conflicts with existing rights holders. We provide opinions on copyrightability and foreign protection and advise on termination rights. We also guide clients through constantly changing best practices regarding social media, influencers, and online content creation and use. Additionally, we conduct due diligence, create and negotiate agreements for buying and selling, and review our clients’ copyright portfolios to ensure they are up-to-date and legally secure.
Design and Patent Novelty Searches
Before we file your design or patent application, we can assist you in conducting comprehensive patent searches to ensure your design or invention is novel.
We can also help conduct freedom-to-operate analyses to ensure clients can operate without infringing others' rights. Additionally, we provide evaluations of patent validity and challenges to assess the enforceability and potential vulnerabilities of patents and designs.
Please feel free to contact us at kemberst@kemberts.com to verify whether something you want to use and secure the rights qualifies for protection and would not lead you to infringement or dispute.
