Beverly Hills Trademark Lawyer
A trademark is a word, logo, color, symbol, or other device that identifies the sources of goods, such as a brand name or corporate slogan. When used to identify the source of services, these trademarks can be referred to as “service marks,” but “trademark” is used in a general sense to refer to both service marks and trademarks.
We all come across trademarks from the moment we wake up to the moment we go to sleep. Almost every consumer product you use, including your phone, television, computer, toothpaste, and vehicle almost certainly has a trademark on it identifying its source. In addition to allowing consumers to know the source of goods and services, trademarks allow companies to develop brand recognition, customer loyalty, and general goodwill, often making them extremely valuable.
Beverly Hills Trademark Registration Lawyers
Limited common law trademark protections attach the moment that someone uses a particular trademark in commerce. The most effective way to protect your trademark, however, is to register it with the United States Patent and Trademark Office. United States trademark law allows people and businesses to register trademarks to protect their interests. Doing so confers certain rights that go significantly beyond common law trademark protections, including:
- The right to use the registered trademark symbol (®)
- A listing in the UPSTO’s national database, which puts others on notice as to the existence of your trademark rights
- National trademark protection (as opposed to protection just in your geographic area)
- The potential availability of additional remedies in court, including access to an infringer’s profits, court costs, and attorney fees
- A legal presumption of nationwide ownership
- The exclusive right to use the trademark in connection with the services or goods identified in the registration
If you need assistance acquiring a trademark, we can help you choose a strong trademark that will provide significant legal protections, conduct a trademark search to ensure that you choose a unique trademark and you do not expose yourself to liability, and file the application with the USPTO. Should we encounter any issues with your application, we will communicate with the trademark examiner handling your file and attempt to resolve your case as quickly and favorably as possible.
Trademark Infringement Disputes
Trademark infringement takes place when a person or business uses a trademark in a way that can confuse consumers about the source of goods or services on the market. Sometimes, infringement is a deliberate act that involves a party attempting to use goodwill developed by another entity to increase sales. In others cases, a confusingly similar trademark is simply the result of chance or unawareness on the part of the infringing party. Regardless of whether trademark infringement is intentional, however, both trademark holders and new businesses must assert their legal rights and protect their interests.
Trademark infringement disputes do not necessarily have to go to court. In fact, we often resolve the problem by sending the infringing party a cease and desist letter. On the other hand, in some cases, parties who allege infringement misunderstand the law or overstate their cases to stifle legitimate competition. At Mandour & Associates, we work on both sides of trademark infringement disputes and commit to resolve disputes as quickly and efficiently as possible.
Trademark Litigation Lawyers in Beverly Hills
In some cases, a party alleging trademark infringement will need to go to court to resolve the matter. A court can order many remedies in a trademark infringement lawsuit, including:
- Ordering the defendant to stop using the trademark in question
- Ordering the defendant to destroy or forfeit any materials on which the infringing trademark appears
- Ordering the defendant to pay any profits it realized to the plaintiff
- Ordering the defendant to pay damages and court costs
- Ordering the defendant to pay attorney fees
Many trademark infringement cases turn on issues related to the similarity of the trademarks in question. For a trademark to infringe on another trademark, it must be likely to confuse consumers about the source of goods or services. A likelihood of confusion may exist even between un-identical trademarks—they need only sound alike when spoken aloud, look similar, mean the same thing, or create the same commercial impression in the minds of consumers. In addition, courts will only find that a trademark infringes on another one if it is used in connection with products or services related to the pre-existing trademark.
Contact Mandour & Associates Today
At Mandour & Associates, we are deeply familiar federal trademark law and we aggressively advocate for our clients. Our lawyers represent clients throughout Beverly Hills and the surrounding areas.
We understand the issues related to obtaining or protecting trademarks and other types of intellectual property can cause significant financial consequences. For this reason, if you have any needs or questions related to trademark law, we recommend that you contact an attorney as soon as you can. If you need our assistance, please contact us.