Biography

For more than 30 years, Mark Miller has fielded and defended dozens of intellectual property and franchise suits, primarily in federal district court, but also in state district court and before the Trademark Trial and Appeal Board for all types of industries including oil and gas, healthcare, information technology, resort industry, automotive, restaurants, and retail.

Mark helps U.S. businesses obtain trademark registrations and protect their trademark rights in foreign countries including Canada, Mexico, European Economic Community, Latin America, Asia, Africa and elsewhere.  He has negotiated dozens of agreements for development licensing, assignment, purchase or sale of intellectual property in numerous industries, including software, restaurant, oil, and manufacturing.   

Mark has obtained patents in the United States Patent and Trademark Office since 1978.  He is intellectual property counsel for oil and gas companies, a medical device company, an international clothing company with operations in many countries, and other businesses in various lines of commerce.

Since 1980, he has represented franchisors and franchisees in creating franchise systems, Franchise Disclosure Documents, franchise agreements, obtaining state franchise registrations, buying and selling franchises for both franchisors and franchisees, and litigating for both franchisors and franchisees.

Practice Expertise

Mark has more than 30 years’ experience in doing deals concerning technology, distribution, and sales.  These include licenses, sales, franchises, acquisitions and the like in lines of commerce ranging from software, restaurants, patents, trademarks, research and development, distribution, manufacturing and retail.

Career Highlights

Spotlight

Mark Miller focuses his practice on counseling, transactions, and litigation concerning intellectual property (patents, trademarks, copyrights and trade secrets), franchise, license and antitrust matters.  Learn more by downloading his popular Intellectual Property Basics

  • Represented a group of hair salon franchisees against their franchisor and launched them as an independent group with a new trademark.
  • Prosecuted hundreds of trademark applications in the United States Patent and Trademark Office for all types of industries.
  • Represented registrants and applicants in more than 30 Opposition and Cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.
  • Represented an international automotive products company in enforcement of its product design and software copyright rights against a competitor.
  • Defended against a patent ownership/inventorship/damages suit. In 2014, all of Plaintiffs’ claims were dismissed and damages were recovered from Plaintiffs.

Community

  • American Bar Association, Forum Committee – Franchising
  • American Bar Association
    • Intellectual Property Section
    • Antitrust Section
  • State Bar of Texas
    • Intellectual Property Litigation Section
    • Antitrust Section
  • San Antonio Bar Association

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