About This Course
This CLE program provides attorneys with a comprehensive and practical
framework for advising clients on trademark selection, protection, and enforcement in
today’s evolving marketplace. Through a structured, lifecycle-based approach, this session
examines how brands develop from initial concept to protected asset—and the legal risks
that arise when trademark strategy is overlooked.
Participants will gain a clear understanding of what can and cannot be protected under
trademark law, including a breakdown of the spectrum of distinctiveness and common
pitfalls associated with descriptive and non-protectable marks. The program further
explores the. Legal and strategic differences between common law rights and federal
registration, emphasizing how registration strengthens enforcement, enhances brand value,
and creates leverage in disputes and business transactions.
The session also addresses frequent naming mistakes that lead to conflicts, including
overreliance on internet searches, social media availability, and marketing-driven naming
trends that lack legal defensibility. Attorneys will learn how to guide clients through
effective clearance strategies and risk assessment during the intake and counseling process.
In addition, the program provides a practical overview of trademark enforcement, including
how to identify potential infringement in modern digital marketplaces and how to respond
using strategic escalation framework—from monitoring and cease-and-desist communications to negotiation, administrative proceedings, and litigation. Common
enforcement missteps and reputational considerations are also discussed.
Finally, the program highlights the real-world costs of failing to secure and protect
trademark rights, including rebranding expenses, loss of goodwill, and expansion-related
conflicts. Through realistic scenarios and applied examples, attendees will leave with
actionable tools to better advise clients, mitigate legal risk, and support long-term brand
protection.