Trademark

Protecting thousands of brands every day requires breakthrough innovation and proactive strategy. We know. It's what we do.

Trademarks are one of the most important assets your company owns. A trademark is an icon, an instantly recognizable mini-profile of your brand. When properly secured, trademarks boost brand recognition, generate continual income streams, differentiate from your competitors, and in some cases, can be worth more than the physical assets of the company itself.

Providing experience from the inside out.

Merchant & Gould is consistently ranked as a top filer of trademark applications with the U.S. Patent and Trademark Office. Our trademark group includes three former Examining Attorneys who have collectively examined more than 14,000 trademark applications during their time at the USPTO, in industries from consumer goods, chemicals, natural resources, and industrial goods to healthcare, technology, utilities, and services. This inside knowledge of the Trademark Office allows us to predict the registrability of any type of mark. Our Group maintains an intimate familiarity with the people and processes of the Trademark Office, allowing us to secure registrations with an efficiency that few others can match.

Our TTAB experts, domain name experts, international trademark experts, licensing experts and trial attorneys have helped Merchant & Gould earn its reputation as one of the top trademark and copyright practices in the U.S. and globally. Our trademark database includes more than 60,000 records for hundreds of clients. We clear more than 20,000 docket dates per year.

Building strong brands with preventative measures.

Before adopting and using a trademark or service mark, it's critical to conduct the appropriate due diligence to ensure the mark is available for use and registration in the places you want to use it. A relatively small investment in trademark searching before using the mark or filing trademark applications can help eliminate the risks of potential third-party challenges, the significant costs of related litigation, and the potential need to rebrand your products and services.

Trademark Practice Group Co-Chairs Christopher J. Schulte & Danielle I. Mattessich

MEDIA CENTER

All Media
Press Releases
1/19/22
Merchant & Gould Trademark Group Recognized by World Trademark Review
Merchant & Gould is pleased to announce it has once again received a Gold rating in the World Trademark Review list of the world's top trademark firms and attorneys for 2022. The firm and four of its trademark attorneys were again ranked ...
Press Releases
11/4/21
Merchant & Gould Recognized on U.S. News – Best Lawyers® “Best Law Firms” List with Rankings in 11 National and Metropolitan Categories
Merchant & Gould was ranked in five National Tier and six Metropolitan categories in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms,” recognized for professional excellence with consistently impressive ratings from ...
News Alerts
10/27/21
Andrew S. Ehard Named a 2021 Lexology Client Choice Award Winner
Congratulations to Minneapolis partner Andrew Ehard on being named a 2021 Lexology Client Choice Award Winner, which recognizes attorneys around the world for their excellent client care and quality of service.  Specifically, Andrew was chosen for his ...
Press Releases
7/15/21
Three M&G Trademark Attorneys Ranked as WTR “2021 Global Leaders” in Private Practice
Merchant & Gould is proud to announce that World Trademark Review (WTR) has recognized three of the firm’s Minneapolis attorneys in the 2021 Global Leaders Guide: Private Practice: Christopher J. Schulte, Andrew S. Ehard, and Scott W. Johnston.  ...
Articles
3/18/21
Morality refusal grounds are gone from the United States but are alive and well in China
Read Full Article Here: Morality refusal grounds are gone from the United States but are alive and well in China
Press Releases
1/13/21
Merchant & Gould Trademark Group Recognized by World Trademark Review
Merchant & Gould is pleased to announce it has again received a Gold rating in the World Trademark Review list of the world's top trademark firms and attorneys for 2021. The firm and four of its trademark attorneys were again ranked in United ...
News Alerts
1/12/21
Trademark Modernization Act
As part of the passage of the Consolidated Appropriations Act on December 27, 2020, a bipartisan group of Congressional leaders has passed the Trademark Modernization Act (“TMA”) of 2020.  The TMA seeks to answer longstanding calls to address ...
Press Releases
12/9/20
Andy Ehard Named a BTI Client Service All-Star 2020
Congratulations to Andy Ehard, partner in Merchant & Gould’s Minneapolis office, for being selected as a BTI Client Service All-Star 2020.Andy is one of 475 attorneys selected from 181 firms around the country.  The methodology is based solely ...
Press Releases
10/15/20
Three of Merchant & Gould’s Trademark Attorneys Ranked in World Trademark Review as “2020 Global Leaders” in Private Practice
Merchant & Gould is proud to announce that World Trademark Review has recognized three of the firm’s Minneapolis attorneys in the 2020 Global Leaders Guide: Private Practice: Christopher J. Schulte, Andrew S. Ehard and Scott W. Johnston.  As ...
Press Releases
8/25/20
MERCHANT & GOULD ATTORNEYS NAMED BEST LAWYERS 2021
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America© 2021.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially ...
Events
2/27/20
Trademark Enforcement Without Alienating Your Customers or Tarnishing Your Brand
Please Join Us The recent backlash by the outdoor community to Backcountry.com’s aggressive trademark enforcement ...
Press Releases
1/23/20
Merchant & Gould Recognized by World Trademark Review
Merchant & Gould is pleased to announce it has again received a Gold rating in the World Trademark Review list of the world's top trademark firms and attorneys for 2020. The firm and four of its trademark attorneys were again ranked in United ...
Press Releases
2/20/19
Merchant & Gould Is Recognized by World Trademark Review for Its “Outstanding and Reliable” Work and IP Leaders in Minnesota
Merchant & Gould is proud to be recognized in the “United States: Minnesota” category in World Trademark Review’s 2019 research directory, WTR 1000, a peer-feedback-based resource which spotlights firms and attorneys that are deemed “outstanding” ...
Press Releases
1/16/19
Merchant & Gould Trademark Team Recognized by World Trademark Review
Merchant & Gould is pleased to announce its Gold rating in the World Trademark Review list of the world's top trademark firms and attorneys for 2019. The firm and four of its trademark attorneys were again ranked in United States: Minnesota. In its ...
Events
5/19/18
Nancy Lutz Speaking on International Trademark Law and Practice at INTA Annual Meeting
Nancy H. Lutz, a partner in Merchant & Gould's Washington, D.C. area office, will co-present a course on international trademark law and practice at the 140th Annual Meeting of the International Trademark Association (INTA) on May 19, 2018 in ...
Press Releases
1/25/18
Merchant & Gould Recognized by World Trademark Review
Merchant & Gould is pleased to announce its Gold rating in the World Trademark Review list of the world's top trademark firms and attorneys for 2018. The firm and four of its trademark attorneys were again ranked in United States: Minnesota. ...
Articles
10/25/17
When Should You Enforce Your Intellectual Property Rights?
Trademarks and copyrights are among an organization's most valuable assets. If you think someone is infringing your intellectual property rights, understanding a few key issues will enable you to evaluate whether to enforce your rights and what steps to ...
Events
9/28/17
Merchant & Gould Attorneys Speak at Midwest IP Institute
Three Merchant & Gould attorneys will be featured speakers at the 2017 Midwest IP Institute on September 28 in Minneapolis. Partners Andrew Lagatta, Heather Kliebenstein, and Rachel Hughey will give presentations on the first day of the conference.2017 ...
Press Releases
8/15/17
Merchant & Gould Attorneys Named Best Lawyers® 2018
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2018.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate ...
Press Releases
7/25/17
Loretta Freeman Named in The National Black Lawyers Top 100 and Top 40 Under 40 Lists
Merchant & Gould is proud to announce that attorney Loretta L. Freeman has been named in The National Black Lawyers – Top 100 list for 2017, her third consecutive year to receive this recognition. She has also been named a Top 40 Under 40 Lawyer ...
White Papers
6/26/17
Matal v. Tam
In a plurality opinion in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit and held that the disparagement clause [of 15 U. S. C. § 1052(a)] “violates the Free Speech Clause of the First Amendment.”[1] Although the Justices ...
Events
5/20/17
Nancy Lutz Speaking on International Trademark Law and Practice at INTA Annual Meeting
Nancy H. Lutz, a partner in Merchant & Gould's Washington, D.C. area office, will co-present a course on international trademark law and practice at the 139th Annual Meeting of the International Trademark Association (INTA) on May 20, 2017 in ...
Events
2/9/17
INTA Trademark Administrator’s Roundtable
The Washington, D.C. area office of Merchant & Gould will host an International Trademark Association (INTA) Trademark Administrator’s Roundtable discussion on “Non-Traditional Marks and the Traditional Practice” on Thursday, Feb. 9 from ...
Guide Books
2/2/17
Trademark Clearance and Usage Guide
A trademark is a word, symbol, or a combination of both, which serves to indicate that your company is the source of goods. A service mark is the same except it is for services rather than products. Trademarks are valuable assets of your company and should ...
News Alerts
1/6/17
TTAB Rules of Practice Are Changing Significantly
The USPTO Trademark Trial and Appeal Board (TTAB) has adopted new rules.  These rules significantly streamline the TTAB process, including allowing more material to be submitted through a notice of reliance and allowing testimony through declaration.  ...
Events
12/8/16
Lunch & Learn: Understanding the Scope and Impact of the TTAB Rule Changes
Please join us for a complimentary Lunch & Learn CLE covering recent rule changes at the Trademark Trial and Appeal Board.Thursday, December 8, 2016 12:00 - 1:30 p.m.The Minneapolis Club Governor's Room 729 2nd Avenue South  Minneapolis, MN ...
Events
9/22/16
Merchant & Gould Attorneys Present at Midwest IP Institute
Rachel Hughey, Scott Johnston, Andrew Lagatta, and Christopher Schulte, partners in the Minneapolis office of Merchant & Gould, will be featured presenters at the 2016 Midwest IP Institute offered by Minnesota CLE September 22 & 23, 2016 in downtown ...
Press Releases
9/22/16
Merchant & Gould Attorneys Named 2017 Best Lawyers®
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2017. Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate ...
Events
5/21/16
Nancy Lutz Speaking on International Trademark Law and Practice at INTA
Nancy Lutz, a partner in Merchant & Gould's Washington, D.C. office, will be a featured presenter in a course on international trademark law and practice at the 138th Annual Meeting of the International Trademark Association (INTA) on May 21, 2016 ...
Events
4/28/16
Cyberworld CLE in Madison
CYBERWORLD: Protecting Your Brand in CyberspaceJoin us for a complimentary CLE focusing on Intellectual Property Law and the ever-evolving Cyberworld Thursday, April 28, 2016 CLE - 2:30-5:00 p.m. Brewery Tour & Beer Tasting - 5:00-6:00 p.m. Concert ...
Events
4/8/16
Christopher Schulte to Speak on Constructing Trademark Surveys at ABA Conference
Christopher Schulte, a trademark attorney in the Minneapolis office of Merchant & Gould, will be a speaker at the American Bar Association Intellectual Property Law Spring Conference in Bethesda, Maryland. Christopher will be serving on a panel with Dr. ...
Press Releases
2/17/16
Andrew Ehard Named 2016 Client Choice Award Winner
Merchant & Gould is delighted to announce that attorney Andrew Ehard has received a Client Choice Award from Lexology for the third year in a row. Andy is the exclusive winner of the Client Choice Awards 2016 Intellectual Property – Trademarks category ...
Events
2/16/16
Danielle Mattessich on Panel for Mastering U.S. Trademark Registration Practice CLE
Merchant & Gould attorney Danielle Mattessich will be a panelist in a seminar at the Mastering U.S. Trademark Registration Practice CLE on Tuesday, Feb. 16 in Minneapolis.The CLE, offered by Minnesota Continuing Legal Education, promises a comprehensive ...
Events
2/11/16
Clark Wilson to moderate Atlanta Bar CLE on Trademark and Copyright Litigation
Clark Wilson, an intellectual property attorney in the Atlanta office of Merchant & Gould, has organized a lunch event, eligible for CLE credit, for the IP section of the Atlanta Bar Association.Atlanta Bar Association Intellectual Property Section Luncheon In-House ...
Events
11/19/15
Heather Kliebenstein to speak at Trademark & Copyright Summit
Heather Kliebenstein, an intellectual property attorney and partner at Merchant & Gould, will be a featured speaker at a trademark and copyright conference in Silicon Valley on November 19, 2015.The IP Strategy Summit – Trademark & Copyright: ...
Events
9/24/15
Cyberworld CLE
CYBERWORLD: Protecting Your Brand in Cyberspace Join us for a complimentary CLE focusing on Trademark Law and the ever-evolving Cyberworld Will Schultz – Online Brand Protection and Watching, 2:00-2:30 Greg Golla – Domain Names, Advertising, ...
Press Releases
8/17/15
Merchant & Gould Attorneys Included in The Best Lawyers in America © 2016
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2013. Best Lawyers compiles lists of outstanding attorneys ...
Press Releases
7/20/15
Merchant & Gould Named #2 Trademark Firm in Industry Survey
Intellectual property law firm moves from #5 to #2 in annual rankingsMerchant & Gould, a leading intellectual property law firm, has been ranked number two in a list of top United States trademark firms by Intellectual Property Today.  The publication’s ...
Press Releases
3/23/15
The National Black Lawyers Names Loretta Freeman a Top 100 and Top 40 Under 40 Lawyer
Merchant & Gould is pleased to announce that attorney Loretta L. Freeman has been named in The National Black Lawyers – Top 100 and Top 40 Under 40 lists for 2015, her first year to receive these recognitions.The National Black Lawyers – Top ...
Events
3/20/15
Schulte speech at ITMA Conference in London
Christopher J. Schulte (pictured at right) spoke at the ITMA Spring Conference on IP Convergence on March 20 in London, England. His speech was entitled "Viewing Specsavers Through the Lens of the American Mutilation Doctrine."
White Papers
3/1/15
Use-Based Service Mark Applications Must Be Supported By Actual Provision of the Services in Commerce
In Couture v. Playdom Inc.,[1] the Federal Circuit confirmed that services under a service mark must have actually been provided as of the filing date of a § 1(a) application.  Advertisement that the applicant was ready, willing and able to provide ...
Press Releases
2/23/15
Andrew Ehard Named 2015 “Client Choice” Award Winner
Merchant & Gould is proud to announce that Andrew Ehard, a partner with the firm, is a recipient of the 2015 Client Choice Award for Intellectual Property-Trademarks Minnesota.The Client Choice Award recognizes partners worldwide for excellent client service ...
White Papers
1/1/15
Supreme Court Rules Tacking is an Issue for the Jury
A unanimous Supreme Court ruled on January 21, 2015, that the question of whether the doctrine of trademark tacking applies is factual and generally decided by the fact-finder—and in most cases, the jury. “Tacking” allows a trademark owner ...