Chicago Trademark Attorneys & Lawyers

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Patrick J.

Patrick Jones

60 reviews
Patrick Jones has 17 years of experience as a business attorney and has represented numerous corporate clients, including AirHelp, Slobbr and several Fortune 500 companies. He is licensed to practice law in Illinois and in Arizona. Patrick has extensive experience in debt and bankruptcy, as well as in legal research and writing. He founded his own law firm, PMJ PLLC, in 2015 and is of counsel at Freeman Law.
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Kimon K.

Kimon Korres

56 reviews
From working at leading international law firms to launching multiple businesses, Kimon has practiced at the intersection of business and law for nearly a decade. Having sa...
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John R.

John Ray

28 reviews
John is the Principal of the Ray Legal Consulting Group and has over 12 years of complex class action litigation and appellate experience. He has special expertise in discrimination, First Amendment, and intellectual property/media litigation. John also takes on civil rights cases for individual clients, which can have a significant impact on the rights of women, racial minorities, and other groups.
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Shanna P.

Shanna Palmersheim

8 reviews
I am the Managing Member of the firm and have been advising families, businesses and non-profits for over 15 years. I also consult as an attorney for various investment adv...
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Octavia L. P.

Octavia L. Powell

8 reviews
I am an entrepreneur and business law attorney with over 13 years’ experience and a strong background in information technology. I am a graduate of the University of Cal...
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Dragan I.

Dragan Ivetic

4 reviews
Dragan "Dan" Ivetic is a distinguished attorney in Chicago with a strong focus on trademark law, contracts, and corporate formation. He brings a wealth of expertise and a t...
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Kevin K.

Kevin Keener

2 reviews
Kevin Keener is an intellectual property attorney with almost a decade of experience. He is licensed to practice law in Illinois and he is also a member of the Illinois Patent Bar. Kevin holds a Juris Doctor in law, which he obtained after graduating from the Ohio State University Moritz College of Law. He specializes in commercial contracts, labor and employment law, and general IP-related matters. Keener is currently a partner attorney at Keener and Associates, P.C.
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Martin L.

Martin Lefevour

2 reviews
Marty has been practicing IP law for over 23 years, representing clients that range from individual inventors and small companies to large corporations in patent, trademark...
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Justin L.

Justin Lesko

2 reviews
I have extensive experience with all aspects of monetizing and enforcing patent portfolios, including negotiating license agreements, litigation, continued patent prosecuti...
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Ryenne S.

Ryenne Shaw

2 reviews
My name is Ryenne Shaw and I help small business owners build businesses that operate as assets instead of liabilities, increase in value over time and build real wealth. ...
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Jade C.

Jade Carpenter

2 reviews
Jade Carpenter is dedicated to helping entrepreneurs protect themselves and their business. As the founding attorney of Zeidman & Carpenter, she focuses on small busine...
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Tomasz B.

Tomasz Barczyk

I am a graduate of Berkeley Law and Northwestern University, and a trademark, copyright, and media attorney. As a European-American immigrant and business owner who unders...
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Caleb S.

Caleb St.-Jean

25 reviews
After working for more than five years in software development and technology consulting, Caleb St.-Jean earned his JD from the Chicago-Kent College of Law. As a patent attorney at the Law Office of Caleb St.-Jean, he is committed to seeing long-term success for his clients. He provides small companies with individualized strategies and better business ideas at an affordable price.
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Adam U.

Adam Urbanczyk

12 reviews
Adam Urbanczyk is Principal Attorney at the law group Au, LLC in Chicago, Illinois. A successful litigator, he specializes in intellectual property, business law, and patent law, and has particular expertise in software, internet, and social media issues. Adam received his J.D. from the John Marshall Law School. He is admitted to the DC, Illinois, and Patent Bars, and is also Of Counsel at Progressive Law Group.
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Peter S.

Peter Stasiewicz

4 reviews
Mr. Stasiewicz specializes in litigation, including breach of contract and warranty matters, fraud, and lender liability. He can also help with matters relating to business formation, employment, and intellectual property.
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Joe B.

Joe Brennan

4 reviews
I am a senior corporate/regulatory/technology attorney, with 15+ years of experience that includes both in-house (General Counsel) and law firm roles. And I have deep exper...
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Kristin C.

Kristin Cass

4 reviews
Kristin Cass has over 23 years of experience as a corporate attorney. She is licensed to practice law in Illinois and New York, and have worked with some of the top legal firms in the United States. Kristin graduated from the University Of Chicago Law School with a Juris Doctorate degree. She primarily focuses on business formations and general business operations, but also has extensive experience in drafting and negotiating commercial contracts.
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Mark W.

Mark Wiemelt

2 reviews
Affordable, practical and experienced intellectual property law firm perennially ranked among the "TOP TRADEMARK FIRMS" and "TOP PATENT FIRMS" in the U.S. by Intellectual P...
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Jonathan G.

Jonathan Grossman

12 reviews
Jonathan Grossman is a business attorney and an entrepreneur. He has eight years’ experience and have worked with some of the leading law firms in the United States. He has a degree in law, which he obtained from the University of Kansas School of Law. Jonathan is licensed to practice law in Illinois and New York. He operates his own law firm and have also worked as a patent counsel at Fresenius Kabi USA for three years before starting his own business.
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Drew W.

Drew Whiting

5 reviews
Entrepreneurs face many unique challenges, and Drew Whiting understands that first hand because he is an entrepreneur himself. He loves sharing his legal knowledge and experience with up and coming businesses. He has experience working with mobile businesses, those who offer financial services, packaged good manufacturers, restaurants, bars, and taverns, and several technology-related enterprises.
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Noam R.

Noam Raz

5 reviews
Noam Raz has a specialized focus advising individuals and companies based in the United States or Israel that have legal matters or transactions made across the border. Because Noam is fluent in both Hebrew and English as well as both American and Israeli culture, he is in a unique position to offer advice to companies in both countries. Additionally, he is licensed as an attorney in Israel, Illinois, and Michigan.
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Jonathan P.

Jonathan Pasky

2 reviews
Jon is a startup and patent attorney with a goal of educating entrepreneurs about the benefits of intellectual property protection and utilization. His firm was established to cater to modern businesses and offers a flat-fee general counsel service. Jon has been involved organizing in well-attended tech events and co-founded Techweek, the country’s leading technology conference and festival.
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Malaika T.

Malaika Tyson

2 reviews
Malaika Tyson is an intellectual property attorney with six years’ experience. She is exceptionally skilled in dealing with legal matters that involve patents, as well as trademark and copyright law. Malaika is also experienced in dealing with mergers and acquisitions. She is licensed to practice law in Illinois and is also a member of the Illinois Patent Bar. Malaika obtained her law degree from the University of Chicago. She has been a partner at McAndrews, Held and Malloy since 2011.
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Anastasios G.

Anastasios Garbis

2 reviews
As a registered patent attorney, Anastasios Garbis dedicates his time to advising entrepreneurs and small businesses on intellectual property matters. At his firm, Garbis Law, LLC, he supports clients in protecting their brands, inventions, and art through accessible and transparent legal services. Mr. Garbis speaks both English and Greek at a native level.
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Gianna S.

Gianna Scatchell

2 reviews
Operating a boutique firm in Chicago, IL, Gianna Scatchell has a unique niche representing high profile clients with privacy based litigation including cyber-bullying claims, revenge porn, defamation and smear-campaigns, and copyright and trademark disputes. She also counsels law enforcement agencies and schools on the distinctive privacy and compliance challenges caused by today’s technology.
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Adam S.

Adam Scavone

2 reviews
Adam Scavone is in a unique position as a lawyer. One of his passions is fighting for the legalization of cannabis - in fact, he even co-founded the New York Cannabis Alliance in 2010. Beyond that, he is a capable lawyer, specializing in helping startups get off the ground. He believes that new business owners have enough to worry about and he wants to take the legal matters off their hands so they can focus on what’s important: building their business.
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Scott W.

Scott Weisman

2 reviews
Scott Weisman is a business attorney that focuses on transactional law and general business law. He primarily assists companies in the technology industry. Scott has 12 years of experience as a lawyer and is able to assist with intellectual property matters, commercial contracts and business formation matters as well. He is licensed to practice law in Illinois. Scott has been the principal of his own law office since 2012.
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Joe G.

Joe Giamanco

2 reviews
Joe Giamanco is a seasoned attorney that has handled over 45 jury trials and was lead counsel for 43 of those. In addition to that, Attorney Giamanco has been to over 500 arbitration hearings. When it comes down to it, Mr. Giamanco will help you settle your case and he has experience practicing business law, personal injury law, and DUIs.
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Jeffrey A.

Jeffrey Antonelli

2 reviews
With over 15 years of experience, Attorney Jeffrey Antonelli is committed to his clients and helping them achieve the results they want from their cases. Antonelli Law is Antonelli’s practice and is recognized as one of two top practices throughout the country that handles cases related to BitTorrent copyrights and commercial drones. Attorney Antonelli is a solid, successful litigator and also specializes in trademark and copyright suits.
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Christopher M.

Christopher Matern

2 reviews
Christopher Matern is a well-rounded attorney who practices business law to include contract negotiations, commercial real estate, and even new business formation. Attorney Matern’s mission is to provide the best legal services to all clients throughout Chicago and Illinois. Mr. Matern has received multiple awards to include the Lincoln Park Chamber of Commerce Board of Directors-First Recipient of the Member of the Decade Award.
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Erik R.

Erik Rakoczy

2 reviews
Before attending law school, Erik Rakoczy worked as an author and editor. These experiences have contributed to his success in legal research and writing. His experience in technology and business has equipped him with powerful tools to guide entrepreneurs through building business ventures and growing startups. Mr. Rakoczy is a volunteer at the National Lawyers Guild and First Defense Legal Aid.
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Kalpesh P.

Kalpesh Patel

2 reviews
Kalpesh Patel is a business attorney that has been licensed to practice law in Illinois for the past three years. He has a J.D. in law, which he obtained from the Florida Coastal School of Law. Kalpesh also has a degree in business management and several other certificates in legal areas. Kalpesh focuses on assisting entrepreneurs and startups overcome legal issues that arise with business formation. He is currently a partner at Wallock Patel.
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Mark G.

Mark Grzymala

2 reviews
Attorney Mark Grzymala is the founder of Grzymala Law Office, P.C. His law office focuses on mechanics liens, commercial litigation, corporate law, and construction law. He is dedicated to representing clients who are small business owners, subcontractors, owners, developers, and the like. Attorney Grzymala was raised in small business, so he is able to connect with his clients and he knows exactly what they need and the guidance required. He is also trained in real estate disputes, collection actions, and evictions.
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Patrick L.

Patrick Long

2 reviews
Patrick Long is a business lawyer with more than 27 years of experience. He is licensed to practice law in Illinois. Patrick obtained his Juris Doctorate degree in law from the Loyola University Chicago College of Law. He has represented several Fortune 500 companies, including Compaq and HP. Patrick specializes in trademark and copyright law. He is also experienced in dealing with commercial contracts. Patrick started working at Discover Financial Services in January 2018.
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Saira  A.

Saira Alikhan

2 reviews
As an attorney that has practiced for almost fifteen years, my passion for my craft has provided me with experience in many areas of the law. I have proven myself as flexib...
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Daliah S.

Daliah Saper

2 reviews
Daliah Saper operates a cutting-edge internet, entertainment, social media, and business law practice. Local and national media outlets regularly solicit her commentary on ...
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Eric O.

Eric Onyango

2 reviews
Eric Onyango is an attorney at law with more than four years of experience. He is licensed to practice law in Illinois and has been admitted to the U.S. Tax Court. Eric obtained his degree in law from The John Marshall Law School. He mainly focuses on labor and employment-related legal matters, but is also experienced in dealing with startup businesses. Eric is also skilled in dealing with tax law matters. He is currently serving as the managing attorney at Prime Legal LLC.
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Zafar M.

Zafar Musvi

2 reviews
Zafar Musvi is an attorney at law with more than six years of experience. He is licensed to practice law in Illinois and obtained his degree in law from the John Marshall Law School. Zafar primarily specializes in drafting, negotiating and reviewing commercial contracts. He has worked with numerous corporate clients, including Castifi, Castle and Paragon Water Systems. Zafar has been serving as an attorney at GCG Legal since February 2018.
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Ashley  K.

Ashley Kirkwood

2 reviews
Ashley graduated from Northwestern law school and also has a bachelor's degree in international business. Her practice areas include entrepreneurship law and commercial con...
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Jeremy S.

Jeremy Spoon

2 reviews
Jeremy concentrates his practice in corporate and general business matters, mergers, acquisitions, and divestitures, private equity transactions, general corporate, partner...
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Edward F.

Edward Farmer

2 reviews
Edward is an U.S. Army veteran. After completing a year combat tour in Iraq, he attended the Valparaiso School of Law. As a former law professor, he taught attorneys and la...
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Billy Joe M.

Billy Joe Mills

2 reviews
I graduated from the University of Illinois at Urbana-Champaign in 2006 with a degree in Political Science and Finance. I stayed around Champaign for law school and graduat...
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Jonathan D.

Jonathan Decatorsmith

2 reviews
Chicago tax attorney Jonathan Decatorsmith has been practicing tax law for more than 30 years. Prior to joining the Law Offices of Chicago-Kent, Decatorsmith was a senior t...
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Paul K.

Paul Kossof

2 reviews
I assist companies with international legal issues, primarily relating to China. I have helped clients from around the world, both private and state-owned, with a wide ran...
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Ashley  K.

Ashley Kirkwood

2 reviews
After graduating from Northwestern University Pritzker School of Law with honors, she started her career at one of the largest law firms in the world, Kirkland & Ellis ...
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Ariel G.

Ariel Gurian

2 reviews
Ariel Gurian's practice focuses primarily on intellectual property, e-commerce, and other start-up and small business needs. In addition to her legal practice in Chicago, ...
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Steven G.

Steven Gray

2 reviews
I am a trusted legal advisor to a diverse group of clients, which include startup, development stage and middle market companies, financial intermediaries, private equity f...
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Sean S.

Sean Swidler

2 reviews
Sean Swidler is a seasoned intellectual property attorney with a reputation for distilling complex issues to their basic elements and finding the right-sized solution to ac...
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Aasim C.

Aasim Cunningham

2 reviews
After graduating from Rutgers University School of Law- Camden in 2013, I was admitted to the Illinois Bar in November of 2013. As the co-owner of Cunningham and Smith La...
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Ric G.

Ric Gruber Jr

With an impressive entrepreneurial resume and education, Partner and COO of Pasky Gruber LLC, Ric Gruber, Jr. offers tremendous value to his clients. With an LL.M. in Information Technology and Privacy Law, his practice focuses on transactional IP and other IP related issues, privacy compliance, and advertising law. A successful franchisor, he also advises clients on franchise law and hospitality.
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Diana L.

Diana Laskaris

Licensed in Illinois and New York, Diana Laskaris is an attorney with expertise in legal strategy and planning as well as business consulting. She has worked in product development, business operations and development, marketing and communication, and operational management. Bringing fifteen years of experience, she is also deeply committed to nonprofit and volunteer causes. Diana received her J.D. from Loyola Law School.
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Josh G.

Josh Goldberg

Josh Goldberg has over 13 years of experience in the legal field and has represented many large companies including Whirlpool, Yahoo, and Wolcott. He specializes in commercial litigation, criminal law, bankruptcy, and intellectual property laws. Before joining his current practice, Mr. Goldberg worked at an international law firm and has extensive experience in international law.
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Jordan F.

Jordan Finfer

Jordan Finfer is best known for his tactful and delicate approach to all business legal matters. Mr. Finfer will tailor and customize all legal strategies with your business in mind. He has a high success rate and has helped yield settlements into the six-figure range for many different cases. Whether you need help trademarking a name or you have questions about employment laws, Attorney Finfer is ready to help you.
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Louis P.

Louis Phillips

Attorney Louis Phillips is a partner at PFS Ltd. and handles all types of litigation matters that businesses may experience including trademark infringement, contract disputes, and fraud claims. You can be rest assured that Mr. Phillips is tough and aggressive in the courtroom to ensure your rights and trademarks are protected at all times.
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Chris W.

Chris Werner

Chris Werner has 13 years of experience in the legal field and his practice focuses on commercial disputes, business transactions, and commercial litigation. Throughout his years, Mr. Werner has helped businesses throughout Florida, California, and Chicago. With an aggressive approach to all litigation cases, Attorney Werner is here to help you.
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Dennis E.

Dennis Esford

Dennis Esford is a professional commercial litigation attorney that has experience in both federal and state courts. Although he is a successful litigator, he also focuses on trade secret suits, tort claims, copyright infringements, and business contract claims. Attorney Esford allows his 12 years of experience to guide him and be fearless in the courtroom.
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Sean P. P.

Sean P. Patrick, Esq.

Sean P. Patrick, Esq. works as a co-managing partner at Rifkind Patrick LLC. Mr. Patrick is best known for his knowledge of business law and has helped hundreds of clients in regulatory compliance, trade secrets, business law, and product liability cases. Mr. Patrick is an active member of both the Illinois State Bar Association and Chicago Bar Association. In addition to his business law experience, Mr. Patrick worked as a legal clerk at the Financial Industry Regulatory Authority.
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Tawfiq A.

Tawfiq Ali

Tawfiq Ali is a dedicated and experienced lawyer that specialized in complex negotiations and litigations. His mission is to protect what is most important to a business. Attorney Ali has helped a Fortune 500 company completely dismiss a class action that would have leaked unknown liability. He has also helped other companies protect their trade secrets and release liability that could have caused irreparable damages to the company.
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Aaron G.

Aaron Gillett

When it comes to business law, count on Aaron Gillett to walk you through it. With experience in all areas of business law including acquisition, formation, and even sales, Mr. Gillett is able to pave the way to success for you and your business. Mr. Gillett graduated magna cum laude and was even named to the Order of the Coif. In addition to his legal practice, Mr. Gillett works as a pro bono attorney for the Chicago Volunteer Legal Services.
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Jeffrey N.

Jeffrey Norberg

Jeffrey has worked for two premier law firms in Silicon Valley handling intellectual property disputes for some of the world's best known brands, including Google, Facebook, and Twitter. At his firm, Norberg Law, he applies his big firm experience with the efficiency of a small practice to help companies and individuals navigate intellectual property disputes.
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John E.

John Ellis

Although his main focus is bringing and defending lawsuits related to breach of contract, personal injury, fraud, and trademark infringement, John Ellis also provides hourly general counsel to clients to help them avoid litigation. Mr. Ellis values frequent client communication and employs an aggressive, but civil, style of litigation to gain prompt, fair results.
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Cara D.

Cara Dearman

Based in Mount Prospect, Illinois, Cara Dearman is an attorney with expertise in privacy and data law. She is Senior Counsel at the Sears Holding Corporation and focuses on privacy issues. An experienced litigator, she previously worked at Wheeler, Trigg, O'Donnell in Denver, and at Sullivan & Cromwell in New York. Cara holds a J.D., with High Honors, from The University of Texas School of Law.
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Benjamin R.

Benjamin Rotman

Benjamin is a patent attorney at Rosenbaum IP, PC who focuses on intellectual property portfolio development and management as well as anti-counterfeiting enforcement. Before beginning his career in law, he was a senior mechanical engineer with Motorola Mobility. His experience in patent portfolio management includes prior art searching and preparation of licensing agreements.
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Joseph T.

Joseph Tylutki

Joseph is a results-oriented General Counsel and business executive with comprehensive experience analyzing, structuring, negotiating, and executing sophisticated transactions. He is known as a trusted adviser to boards of directors, executive management teams, and key stakeholders. In addition to his legal experience, he applies his MBA to bring a business focus for his clients.
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Vlad C.

Vlad Chirica

Born in Bucharest, Romania, but now residing in Illinois, Vlad Chirica is an associate attorney. Previously working at Berton N. Ring, PC, Chirica argued pre-trial motions, attended daily court calls, and drafted motions and pleadings. He comes with much experience issuing subpoenas and leading depositions. Chirica has a wide breadth of work capabilities as a former law clerk, web designer, marketing consultant, and legal research assistant.
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Margaret (Margie) O.

Margaret (Margie) O'connor

Margaret O’Connor graduated from Notre Dame with a bachelor’s of science degree in math before studying law at Loyola University Chicago. Although Margie O’Connor is a general attorney who has worked in a big firm and government environments, she prefers advocating for clients in corporate law, assisting executives with improving their processes while being conscious of budgets and bottom lines.
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Maudia W.

Maudia Washington

Maudia Washington owns her own law firm, handling Bankruptcy, Real Estate and Business matters. Previously, she worked as a Business Law Adjunct Professor at Trine University. Maudia is a member of the American Bar Association and has experience in drafting and reviewing contracts, purchasing new homes or commercial property, franchising businesses and more. She obtained her J.D. from the Michigan State University.
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Fielden F.

Fielden Fleming

Fielden Fleming is an Attorney, Consultant and a Regulatory Specialist with five years of experience in the legal world. He works for Marvesta and before that he worked for PowerPlan, Inc. His experience extends to analyzing and drafting contracts, complying with regulation, monitoring and managing risk, as well as streamlining their business processes. He attended the John Marshall Law School and added his J.D. to his other qualifications - BA in Economics and Management, History and Finance.
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Maudia W.

Maudia Washington

Currently, Maudia is working for Trine University as a Business Law Adjunct Professor, as well as at the University of Phoenix as the Business Management Adjunct Professor. She has also worked on several contracts along with the Federal Government and on property development worth some $8.5 million. Her focus is on many different areas, including business law, tax law and employment law. She attended Michigan State University and received her J.D. in Business Law.
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John J M.

John J Mcguirk

John J Mcguirk has over 49 years worth of experience in the legal world. This is inclusive of the Commercial Litigation work which he has done for companies such as Amoco, Mobil and Rohm. His specialties include handling discovery issues in complex litigation matters. At the University of Chicago, John focuses on all phases of patent development and litigation. In 1964, he graduated from the University of Florida, Fredric G. Levin College of Law with his J.D.
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Douglas B.

Douglas Belofsky

Douglas Belofsky is a litigation attorney with more than 31 years of experience. He is exceptionally experienced in drafting, negotiating and reviewing commercial contracts. Douglas also deals with labor and employment law, as well as debt and bankruptcy. He is licensed to practice law in Illinois and obtained his Juris Doctor degree from the Washington University School of Law. Since January 2013, Douglas has been managing his own law office.
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Peter M.

Peter Moore

Peter Moore is a litigator with 13 years’ experience. He has extensive experience in dealing with legal cases related to the internet, technology and computer industries. Peter is licensed to practice law in California and Illinois. He obtained his degree in law from the Northwestern University School of Law. Peter has represented Symantec, AOL, Motorola and various other upscale corporate clients. He is currently the president of Legistek Corporation.
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Mark S.

Mark Swiderski

Mark Swiderski is a general corporate attorney. He recently managed a multi-million dollar locomotive sale and lease financing deal for the National Railway Equipment Company. Mark practices law in Illinois and is also a member of the State Bar of Illinois. He received his legal degree from the Loyola University Chicago College of Law. Mark has experience in legal matters related to business formation, securities and commercial contracts. He recently became an associate attorney at Litwin Law.
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Maria M.

Maria Mazza

Maria Mazza is a business lawyer who has almost two decades worth of experience. She has been licensed to practice law in Illinois. Maria has a Juris Doctorate degree in law, which she obtained after she graduated from the University of Illinois. She primarily focuses on legal matters that involves real estate law. Maria is also experienced in drafting, negotiating and reviewing commercial contracts. She currently serves as an attorney at Kozacky Weitzel McGrath.
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Chicago Trademark Lawyers

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Legal Tips and Information

 


 

What Makes for a Valid Trademark?

 

In the startup world, trademark issues are rampant.  Many teams struggle to develop unique marks for their business, products, and services – and may be somewhat lost with regard to the law surrounding trademarks.

 

When developing a mark that you intend to protect against potential infringement, it is crucial that you and your team understand what makes a trademark valid and enforceable under the law.  Fortunately, the law (on the surface) is fairly uncomplicated: only distinctive trademarks are enforceable.

 

So, how do you know whether your mark is distinctive?

 

In the United States, there are certain core elements that – separately – function as the basis for a valid, distinctive trademark.

 

 

Arbitrary or Fanciful

 

If your mark is deemed arbitrary or fanciful, it will likely be considered to have inherent distinctiveness, and will therefore enjoy a high degree of trademark protection.

 

Fanciful marks have no meaning outside of the trademark context.  They are created for exclusive purpose of defining and demarcating a unique product, service, or company.  Google, Exxon, and Clorox are examples of fanciful marks with substantial brand recognition.

 

An arbitrary mark may have its own meaning outside of the trademark context, but this meaning is unrelated to the trademark.  Apple (the company) is a famous example of an arbitrary mark.  “Apple” refers to a type of fruit, of course, but the mark is used in a completely arbitrary manner to refer to the technology company and its products/services.

 

Suggestive

 

Suggestive marks are considered inherently distinctive and therefore entitled to a high degree of trademark protection, though not to the same degree as arbitrary and fanciful marks.  A suggestive mark is one in which the name does not directly or obviously describe the character of specific products or services, but with some imagination, is evocative of such character.  For example, the bus company name Greyhound is suggestive of speed, which is evocative of the character of the service provided, but this connection requires some imagination.

 

Descriptive

 

Descriptive marks are not ideal, but are quite common in the startup world.  A descriptive mark – both in and out of context – to some degree describes, and does not merely suggest, the character of the relevant products or services.  Descriptive marks are not considered inherently distinctive, and do not enjoy any trademark protection by default.

 

To entitle your descriptive mark to trademark protection, you must show that it acquired secondary meaning.  A mark will be deemed to have acquired secondary meaning if the evidence demonstrates that the mark has come to be associated with a particular product, service, or company.  For example, if you sell a product marked as “Jar of Beeswax,” you would have to show that the mark has come to be associated with your product specifically, and not with “beeswax jars” generally.

 

Generic

 

Generic marks are not entitled to any protection, and may not acquire secondary meaning.  To put it bluntly: a generic mark can never be protectable.  Generic marks typically refer to the categorical name of a product.  For example, a pen company selling a ballpoint pen product called “Ballpoint Pen” would not be able to protect that mark, as it generically names the category of the product.

 


 

The Different Levels of Trademark Registration

 

Obtaining trademark protection is rather uncomplicated, though there are several options available with various advantages and disadvantages.  As the options may confuse or overwhelm startups, let’s break them down into simpler, easier-to-digest parts.

 

Federal Trademark Registration

 

To register your mark federally, you’ll first have to show that your mark is being used and/or advertised across state lines (i.e., that it is not limited to one state) or is being used and/or advertised internationally.  Then, you’ll have to register your mark with the US Patent and Trademark Office (USPTO).

 

Federal registration provides a number of important benefits: 1) it gives notice to potential trademark infringers about the existence of your mark; 2) it enables you to sue a defendant for infringement; 3) and federal registration grants you a presumption of validity and ownership as to the mark.

 

Illinois State Trademark Registration

 

If your mark is not being used, promoted, etc. across state lines or internationally, you may only be entitled to register it in the state where it is being exclusively used and promoted – here, the state of Illinois.

If you have a federal trademark registration, you do not need to register on a state-by-state basis.

 

With state registration in-hand, you are entitled to sue defendants who infringe upon your state trademark.  You cannot sue those who infringe beyond state lines.

A skilled Chicago trademark attorney will ensure that you conduct an extensive trademark search to suss out conflicting trademarks in other state jurisdictions and in the federal register.  If another party has an existing trademark, it may preempt your new Illinois-registered trademark.

 

Common Law Default Protection

 

You are not required to register a trademark to enjoy trademark protection, though it is good policy to do so.  In the United States, you may be entitled to common law trademark protection if you are the first to use a given mark in the stream of commerce.

For example, suppose that you develop a product called “SleekTan,” which is a new tanning cream.  You sell it over the years without ever having registered in Illinois or federally with the USPTO.  If you were the first to ever use the name “SleekTan” in the stream of commerce, then you likely are entitled to common law trademark protection.  You can sue infringers on the basis of this protection.

 

The problem with common law protection is that it is rarely applicable to geographic regions in which the mark is not established.  Common law protection applies to those geographic regions where the mark has demonstrated brand recognition.  If you use a mark locally, you may not be able to prevent a company across the country from using the same mark and building a significant reputation with it.  If you intend to expand your business beyond your geographic foundations, then it is important to register your mark with the help of a trademark lawyer.

 

Trademark Infringement

 

Once you’ve entered the stream of commerce with your mark, you and your team may occasionally discover potential trademark infringement issues, both in your industry and outside of it.  The possibility of trademark infringement can be quite frightening for a budding startup.  Most startups invest a substantial amount of money, time, and energy into developing a cohesive, popular brand, and trademark infringement can stall company momentum.

 

For this reason, it is generally recommended that startups work with an experienced trademark attorney.  Infringement concerns must be dealt with swiftly so as to minimize brand damage.

 


 

What Counts as Infringement?

 

A defendant will be found to have infringed on your trademark if it can be shown that consumers will be confused as to the source of the goods or services associated with the mark.

Whether a regular consumer would likely be confused is a matter for the courts to decide.  They will weigh all the evidence and determine whether a consumer is likely to be confused between the marks at-issue.  The factors include, but are not limited to: a) the level of protection granted to the mark itself (remember, arbitrary and fanciful are granted the highest level of protection, then suggestive, then descriptive, then generic); b) the similarity of the marks to each other, both in terms of content and aesthetic; c) evidence of consumer confusion; d) marketing overlap; and e) the defendant’s intent to infringe.

This can all be a bit overwhelming at first, so let’s clarify with an example.

Suppose that you develop a product called “SleekTan,” a tanning cream.  Another company later develops a glossy wood epoxy called “Sleek Wood Tan,” meant for coating wood decks.

From the facts presented, it is likely that no infringement has occurred, despite the similarity of the marks.  The mark “SleekTan” is suggestive, and is entitled to a high degree of protection, but the marks are still different in content.  Further, consumers are unlikely to be confused since the products are used for entirely different purposes.  The marketing channels used are also likely to be different, given the products’ function.  Even if you were able to show that the defendant intended to infringe on your product, the court may find that no infringement actually occurred.

 

As trademark infringement is quite specific to the facts of the case, it is important that you work with an experienced, knowledgeable Chicago trademark lawyer.  It is worth seeking the consultation of a lawyer prior to any infringement, as your lawyer will be able to advise you on the strength of your trademark protection and how to best preserve your mark (through registration, advertisement, etc.).

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Our experienced Chicago trademark attorneys & lawyers represent individuals and businesses with everything they need to secure and protect their trademarks. Our attorneys can help individuals with everything from trademark clearance searches to determine whether the desired mark is available for adoption, use, and registration. By reviewing the search reports thoroughly, they can conclusively determine the extent to which a mark is already being used and the potential success of filing a trademark.

Trademark licensing can be complex, but our trademark attorneys have experience drafting agreements on behalf of both licensees and trademark owners - thus allowing you to capitalize on your valuable intellectual property. Our Chicago trademark attorneys can also draft and file your trademark with the United States Patent and Trademark Office (USPTO), including Intent to Use and Use in Commerce applications.

Our attorneys can also help protect your trademark around the globe by assisting clients with filing trademark applications under the Madrid Protocol, which allows trademark holders to obtain protection in multiple countries by filing a single application.

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This is the most recent 20 reviews out of 59 reviews for Trademarks & Copyrights attorneys in Illinois

Jake Siciliano
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Conduct Trademark Search

Jake Siciliano

"Great knowledge and explanation"

.
Skokie, IL,

Ross Brandborg
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Trademark Registration chirrup

Ross Brandborg

"Very helpful and responsive! Will continue working with him"

.
Glenview, IL,

Michael Antone
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

U.S. Trademark App No 90256647: JOLT YOUR CAREER - Prosecution

Michael Antone

"Thank you for quickly getting my trademark done."

.
Schaumburg, IL,

Jason Nolan
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Register Trademark

Jason Nolan

"Prompt, thorough, and professional. Great with communicating the progress of work being done."

.
Saint Charles, IL,

Liz Oliner
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Trademark Registration

Liz Oliner

"Great attorney - highly recommended!"

.
Chicago, IL,

Lauri Donahue
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review my response to Gowling WLG

Lauri Donahue

"Once again Lauri has demonstrated her knowledge and humanity. I would highly recommend her to anyone! Absolutely amazing person!"

.
Naperville, IL,

James Smedley
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Copyright Infringement

James Smedley

"Timely advice, follow through and excellent communication. Very reliable team that helped resolve the issue I had which I knew nothing about. Their counsel was invaluable. Highly recommended."

.
Chicago, IL,

Neil Park
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Register Trademark

Neil Park

"EXCELLENT ATTORNEY"

.
Chicago, IL,

Randy Michels
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Draft Response to USPTO Office Action (Trademark)

Randy Michels

"Randy was very clear and upfront about the process of responding to a trademark action and made it easy for us."

.
Peoria, IL,

John Mark Hongs
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Copyright Infringement

John Mark Hongs

"Honest, prompt and quality work. Overall great experience!"

.
Chicago, IL,

Ahaji Amos
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Register Trademark

Ahaji Amos

"Very professional, polite and knows how the trademark application works."

.
Schaumburg, IL,

Richard Eldredge
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Trademark Registration

Richard Eldredge

"He's good. Communicative, effective."

.
La Grange Park, IL,

Carolina Latour
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Register Trademark

Carolina Latour

"Carolina was great to work with! She was very clear on our intro call, and very prompt and responsive via messages as well throughout the process. Thank you!"

.
Chicago, IL,

Glenn Manishin
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Consult on Trademark Infringement

Glenn Manishin

"Fast response. Very clear and patient."

.
Galena, IL,

Stefan R. Stoyanov
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Copyright Infringement

Stefan R. Stoyanov

"Good experience. Very clear expectations and knowledgeable"

.
Barrington, IL,

Jackson Macdonald
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Trademark Registration Services

Jackson Macdonald

"Jackson was professional and very knowledgeable. He also communicates very well and follows up in a timely manner. I will definitely be using his services for future projects."

.
Bloomington, IL,

Caleb St.-Jean
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Trademark Registration Services

Caleb St.-Jean

"Great working with him. Highly recommended"

.
Des Plaines, IL,

Luke Brean
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Standard US Trademark Package

Luke Brean

"Very easy to work with on the trademark application. Clear, concise answers to questions as well. Recommended."

.
Chicago, IL,

Steven Stark
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Trademark Registration Services

Steven Stark

"Very consistent, knowledgeable and helpful."

.
Northbrook, IL,

Alejandro Maher
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Statement of Use

Alejandro Maher

"We have used Alejandro a few times now and he has always been excellent. I would highly recommend him!"

.
Chicago, IL,

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