Patrick A. Twisdale

Patrick A. Twisdale

Dedicated to Helping Businesses with Trademark, Patent, and Corporate Needs.
  • Trademarks, Patents, Intellectual Property ...
  • North Carolina, South Carolina, Tennessee, U.S. Patent and Trademark Office
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Biography

My name is Patrick Twisdale, and I am an attorney at Twisdale Law, PC. My practice areas include patents, trademarks, copyrights, and corporate law, serving clients throughout the United States, with a particular focus in Tennessee, North Carolina, South Carolina, and the surrounding states, such as Virginia. I earned my law degree from Washington and Lee University School of Law in Virginia and am authorized to practice before the U.S. Patent and Trademark Office. I am dedicated to providing strategic legal solutions to businesses, inventors, and entrepreneurs.

My background includes working at the USPTO and the Office of Research Commercialization at NC State University, where I gained a thorough understanding of intellectual property law. My work involves securing patents, resolving trademark disputes, and advising on Intellectual Property strategy. I am committed to helping my clients protect their innovations and effectively navigate the complexities of the legal landscape with clarity and confidence.

At Twisdale Law, PC, we value professionalism and are focused on delivering client-centered services. If you are seeking experienced legal guidance in intellectual property matters, I am ready to assist.

Disclaimer: I am licensed to practice in North Carolina, South Carolina, and Tennessee. I handle trademark and patent cases across the U.S. However, I am not licensed in Virginia, and therefore, cannot advise on state law in that jurisdiction.

Practice Areas
Trademarks
Trademark Litigation, Trademark Registration
Patents
Patent Appeals, Patent Litigation, Patent Prosecution
Intellectual Property
Communications & Internet Law
Internet Law, Media & Advertising, Telecommunications Law
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Thirty (30) minute consultations for $50.
Jurisdictions Admitted to Practice
North Carolina
North Carolina State Bar
ID Number: 56413
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South Carolina
South Carolina Bar
ID Number: 104911
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Tennessee
Board of Professional Responsibility of the Supreme Court of Tennessee
ID Number: 041936
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U.S. Patent and Trademark Office
ID Number: 77355
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4th Circuit
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Federal Circuit
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U.S. District Court for the District of South Carolina
ID Number: 14237
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U.S. District Court of the Eastern District of North Carolina
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U.S. District Court of the Middle District of North Carolina
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U.S. District Court of the Western District of North Carolina
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Languages
  • English: Spoken, Written
Professional Experience
Managing Partner
Twisdale Law, PC
- Current
King Law Offices
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NC State University's Office of Research Commercialization
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MacCord Mason, PLLC
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MacCord Mason, PLLC
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Education
Washington and Lee University School of Law
J.D. (2020) | Law
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Washington and Lee University School of Law Logo
East Carolina University
B.S. (2017) | Biochemistry
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Honors: magna cum laude with honors
East Carolina University Logo
East Carolina University
B.S. (2017) | Biology
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Honors: magna cum laude with honors
East Carolina University Logo
East Carolina University
B.A. (2017) | Chemistry
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Honors: magna cum laude with honors
East Carolina University Logo
East Carolina University
B.A. (2017) | Philosophy
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Honors: magna cum laude with honors
East Carolina University Logo
Awards
EC Scholar Award (Currently Brinkley-Lane Scholars)
East Carolina University
Professional Associations
Buncombe County Bar
Member
- Current
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South Carolina State Bar  # 104911
Member
- Current
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North Carolina State Bar  # 56413
Member
- Current
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American Intellectual Property Law Association
Member
- Current
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U.S. Patent and Trademark Office  # 77355
Member
- Current
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Publications
Articles & Publications
Supreme Court Overrules Fourth Circuit on Lanham Act Profit Disgorgement
Twisdale Law, PC
Setting Up an LLC in South Carolina
Twisdale Law, PC
How to Challenge a Pending Trademark Application?
Twisdale Law, PC
Speaking Engagements
State-Level Intellectual Property Protections: Key concepts and practices, Federal Bar Association and My Law CLE, Virtual
Presented about intellectual property protections under state law. This session provides a comprehensive view of state law trademarks, exploring common law trademark protections and the unique considerations involved in registering a trademark with a state. Participants will also delve into trade secrets, discussing the Uniform Trade Secrets Act and its application in the states. Additionally, we will explore the right of publicity, examining how various states recognize and enforce this right.
Certifications
Certified Patent Attorney
USPTO
Websites & Blogs
Website
Twisdale Law PC Website
Legal Answers
24 Questions Answered
Q. How can I acquire a defunct company's trademarks in Illinois?
A: Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark registries, these systems generally do not offer the same level of protection or nationwide enforceability as federal registration. One of the most well-known cases highlighting the primacy of federal and common law trademark rights is Burger King of Florida, Inc. v. Hoots, decided in a federal court in Illinois. In that case, although the defendant held a state trademark registration for "Burger King" in Illinois, the court ultimately found in favor of the federally registered Burger King franchise in most areas of Illinois. Notably, the court dismissed the protection of the state registration as Illinois law at the time did not adequately scope protection throughout Illinois, like the federal rules cover all of the US. Although this aspect of the opinion is rarely cited, it illustrates the limited legal weight of state-level protections in trademark disputes and the importance of federal registration and actual use in commerce.

In the context of a defunct company’s marks, if an organization is currently using one or more of the trademarks previously associated with the defunct company, it’s possible that they lawfully acquired the rights at some point in the past. This may have occurred through a formal assignment, a merger or acquisition, or even informally if the rights and associated goodwill were never properly dissolved or were treated as part of successor interests. Even if the company ceased operations in 1968, trademark rights can survive if they were transferred or continuously used by another entity without interruption. If the current user of the mark has maintained consistent commercial use, they may hold enforceable rights under common law or federal registration, regardless of whether they are the original registrant.

It would be advised to reach out to trademark counsel who can effectively advise you based on your unique issue.
... Read More
Q. Can I use "Fragment" in my clothing line name if it's trademarked in the industry?
A: This is a fact-specific question that really depends on how the trademark “Fragment” is being used by the existing brand, how strong and well-known that mark is, and how similar your use would appear to consumers. Even though your full product name is “Fragment: Built from Broken” and your logo and style are different, trademark law focuses on the likelihood of confusion. Likelihood of confusion means whether consumers might mistakenly believe your product is connected to or endorsed by the owner of the “Fragment” trademark.

Because you claim that “Fragment” is already trademarked in the clothing industry, it raises a potential risk that your use could be challenged, especially if the other brand actively enforces its trademark rights. Even subtle differences may not be enough if the goods are similar and the marks are close.

If you’re aware that “Fragment” is trademarked for clothing, it’s important to consult with a trademark attorney who can conduct a more detailed analysis. An attorney can evaluate the exact scope of the existing registration, the strength of the mark, whether any coexistence is possible, and help you assess the legal risks before moving forward. This step can help you avoid potential infringement claims, forced rebranding, or other costly issues down the road.
... Read More
Q. Enforceability of physician non-compete in TN community
A: In Tennessee, physician non-compete agreements are generally enforceable but are subject to specific statutory limits under Tenn. Code Ann. § 63-1-148. The law permits non-compete restrictions for physicians as long as they are reasonable in both geographic scope and duration. Typically, the statute limits enforceability to a maximum of two years and either a 10-mile radius from the physician’s primary practice site or the county where the practice is located, whichever is greater. A restriction of 20 miles may exceed what is enforceable under Tennessee law, depending on how “primary practice site” is defined in your agreement and whether the 20 mile radius is still within the county where the practice is located.

There are also public policy considerations, particularly in small or rural communities where enforcing a non-compete might limit patient access to care. Courts may consider whether enforcement would create an undue hardship on the community or the physician, but such arguments are fact-specific and require legal analysis.

Because enforceability depends on the precise language of your agreement, the nature of your specialty, and the specific facts of your practice location, it’s not possible to fully assess your situation without reviewing the contract and relevant details. It is strongly recommended that you consult with an attorney experienced in healthcare employment law in Tennessee to evaluate your agreement, discuss potential defenses, and explore your legal options.
... Read More
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Contact & Map
Twisdale Law, PC
111 E Main St.
Suite 202
Jonesborough, TN 37659
US
Toll-Free: (833) 267-7529
Telephone: (423) 670-0138
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed (Today)
Notice: Please schedule appointment
Twisdale Law, PC
Charlotte
4614 Wilgrove Mint Hill Rd.
Suite G1
Charlotte, NC 28227
US
Toll-Free: (833) 267-7529
Cell: (704) 995-6202
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed (Today)
Notice: Please schedule an appointment by calling (833) 267-7529
Twisdale Law, PC
Spartanburg
324 E. St. John St.
Suite B-2
Spartanburg, SC 29302
US
Toll-Free: (833) 267-7529
Cell: (864) 707-0143
Monday: 8:30 AM - 4:30 PM
Tuesday: 8:30 AM - 4:30 PM
Wednesday: 8:30 AM - 4:30 PM
Thursday: 8:30 AM - 4:30 PM
Friday: 8:30 AM - 4:30 PM
Saturday: Closed
Sunday: Closed (Today)
Twisdale Law, PC
16 Biltmore Ave.
Asheville, NC 28801
US
Toll-Free: (833) 267-7529
Telephone: (828) 617-0125
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed (Today)
Notice: Please call to schedule a consult