Top 5% of Trademark Lawyers in Opelika, Alabama | UpCounsel

Opelika Trademark Attorneys & Lawyers

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Richard G.

Richard Gora

172 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Joshua G.

Joshua Garber

222 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Randy M.

Randy Michels

230 reviews
Randy Michels is a trademark attorney with more than 15 years of experience. He also has experience in intellectual property law and copyright law. Randy has a license to practice law in Tennessee and has represented many large organizations, including Xero and Ario. He has a J.D. in law, which he obtained from the Vanderbilt University Law School. Randy started his own law firm, Trust Tree, in 2015, where he provides trademark services for corporate clients.
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Michael Z.

Michael Zussman

2 reviews
Michael counsels tech companies, emerging businesses, entrepreneurs, artists and musicians as they grow their businesses. He ensures that companies are protected from inception and works on privacy compliance and issues relating to user-generated content. From 2013 to 2015, he was selected to be on the Super Lawyers® Rising Stars list. Outside of work, Michael is a long-distance runner.
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Daniel R. P.

Daniel R. Prince

Daniel Prince is an attorney based in Washington state who is licensed to practice in both Oregon and Washington. He counsels startups and he previously worked with law firms specialized in personal injury and employment law. Daniel received his J.D. from the University of Oregon School of Law and also holds a B.A., cum laude, from Ithaca College.
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Cynthia R.

Cynthia Ribas

Cynthia Ribas has spent the last 25 years representing individuals and small to midsize businesses in domestic and international matters. Fluent in Spanish, Ms. Ribas practices international corporate law and international dispute resolution through her law firm Ribas Legal, which she has headed for the past 13 years. She is licensed in California, Texas, and DC.
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Sonja K.

Sonja Keith

2 reviews
Sonja Keith is a corporate attorney with a strong background in dealing with legal matters related to intellectual property. He has over 26 years of experience and primarily focuses on copyright and trademark law. Sonja is licensed to practice law in New York and he obtained his J.D. in law from the New York Law School. Sonja has been an intellectual property counselor at Dreamworks Animation since September 2001.
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Christopher H.

Christopher Hoffmann

Christopher has a range of legal experience including estate planning, immigration, business formation, contracts, and personal injury. Of all his responsibilities, he particularly enjoys in-depth research, investigation, and draftsmanship. After earning his law degree at Hofstra University School of Law, Christopher ran his own practice for a year with another lawyer.
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Stanley K.

Stanley Kay

2 reviews
Stanley Kay is a corporate attorney with more than three decades worth of experience. He is licensed to practice law in Massachusetts and has a Juris Doctorate degree in law, which he received after his graduation from the University of Texas School of Law. Stanley primarily specializes in mergers and acquisitions, but is also experienced in drafting, reviewing and negotiating commercial contracts. In January 1994, Stanley founded his own law office.
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Brian M.

Brian Malkin

2 reviews
Brian Malkin is an attorney at law with 23 years of experience. He is licensed to practice law in Pennsylvania. Brian is also a member of the Pennsylvania Patent Bar. He has a J.D. in law, which he obtained from the University of Pittsburgh School of Law. Brian primarily specializes in trademark and copyright law. He has been serving as the principal attorney of Ference & Associates since November 2009. Prior to this position, he was an attorney at Malone Middleman, PC.
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Legal Services Offered by Our On-Demand Opelika Trademark Attorneys

Our experienced Opelika 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 Opelika 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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Related Articles


Trademark Specimen: All You Need to Know

  • 5 min read

What Is a Trademark Specimen?

A trademark specimen is a sample of how the company and the trademark holder use the mark. The United States Patent and Trademark Office accepts different formats into evidence. In the case of products, specimens can be labels and packaging, a logo displayed on the product itself, etc. In the case of services, brochures, fliers, and advertisements can be submitted as trademark specimens.

The main purpose of submitting a trademark specimen is to prove that the logo or trademark is associated with the product or service. Specimens have to be submitted to and registered with the Principal Register of the United States Trademark Office to show how the mark connects to the service or product.

Why Is a Trademark Specimen Important?

A trademark specimen must be submitted to th

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Trademark Licensing

  • 13 min read

What Is Trademark Licensing?

Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Trademark licensing is a type of merchandise agreement.

The licensor receives a certain amount of money or royalties, a percentage of all sales, in exchange for sharing the trademark. This compensation is also called consideration. Fashion and consumer products concerned with sports and entertainment are often sold under a trademark licensing agreement.

The licensee usually creates a trademark licensing agreement, but a licensor can also create this document. Both parties usually agree upon the terms before creating a tradem

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Arbitrary Trademark

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What Is an Arbitrary Trademark?

An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples. The arbitrary trademark is one of five trademark categories recognized by the USPTO. 

What Isn't an Arbitrary Trademark?

To really know what an arbitrary trademark is, it helps to understand the other four categories.

  • Fanciful Trademarks (sometimes called coined trademarks) use words or images that don't mean anything. This lets companies have the full protection of U.S.

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Willful Infringement

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Willful Infringement: What Is It?

Willful infringement is when someone copies a claimed invention and knew the entire time that the invention was patented, thus committing patent infringement. An infringement is considered willful when:

  • A defendant engaged in acts that infringed the patent or copyright
  • The defendant knew those acts were in violation of the patent or copyright. They still acted as if they were ignorant of the law or had reckless regard for the patent or copyright holder's rights

Simply put, anyone who copies an invention after it has been patented on purpose has committed a willful infringement. However, the infringement is not considered willful if:

  • the person has copied the invention without knowing it was patented 
  • th

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How Long Does a Copyright Last

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Generally, copyrights provide a monopoly on a work for the life of the author plus 70 years if the work was published in the U.S. after January 1, 1978. However, a simple question like how long a copyright will last should have a simple answer, but it doesn't. The answer depends on when the work was first published, where it was created, whether it was commissioned, and a few other factors.

Does the Creation Date Impact the Copyright Protection?

Yes. Generally speaking, copyright lasts for the life of the author plus 70 years if the work was published in the U.S. after January 1, 1978. If the work had more than one author, the “life of the author” is measured by the death of the last surviving author.

However, copyright protection can range from between 95 from the year of its first publication to 120 years after the year of its creation due to special circumstances, such as:

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