Irvine Trademark Lawyer
We are Trademark Attorneys in Irvine Providing IP Advice and Counsel to Businesses
From our Orange County office in Irvine, California, we assist business with trademark issues. Trademarks are a type of intellectual property that designate the source of goods or services. Trademark protection can be granted to things like words, logos, phrases, symbols, and the appearance of packaging. In addition to allowing consumers to confidently identify the source of goods and services, trademarks also allow businesses to generate goodwill among consumers based on the quality of the goods and services they supply. Examples of well-known trademarks include IBM, Pepsi, Microsoft, Google, YouTube, and their associated logos.
Irvine Trademark Registration Attorneys
Trademark protection is often an essential step in building a brand and protecting the goodwill you have established with your customers. Allowing someone else to hijack your brand identity could result in significant losses of time and money. As a result, it is important to do everything you can to ensure that you can protect your rights in your intellectual property—including obtaining and enforcing trademarks.
Trademarks can be established by using a trademark in commerce within a geographic area or by registering the trademark with the United States Patent and Trademark Office (USPTO). Simply using a trademark in commerce in your market may establish “common law” trademark rights, which grants the holder limited rights in the trademark. There are many benefits to taking the time to register a trademark with the USPTO, however, including:
- The ability to use the trademark symbol “®”
- A presumption of ownership of the trademark
- Constructive notice to others in the United States of your ownership
- Blocking registration of other trademarks that may confuse consumers
- Potential enhanced remedies for infringement including profits, damages, and court costs
Trademark Infringement Lawyers in Irvine, California
Trademark infringement occurs when a party uses the trademark of another party in a way that creates a likelihood of consumer confusion about the origin of a product or service. Trademark infringement can occur intentionally, such as when a newcomer to a market tries to benefit from an established brand’s goodwill by packaging their product in a way that strongly resembles the established brand’s product. Infringement can also occur inadvertently. In cases of unintentional infringement, it often involves a new company failing to conduct a trademark search regarding their business name or logo and using one that looks or sounds like that of an existing business.
We are often are able to resolve cases of trademark infringement without resorting to litigation. In these cases a simple letter from our law firm is sufficient to put an end to trademark infringement.
We also work with clients who have been falsely accused of trademark infringement. Allegations of trademark infringement could be thinly veiled attempts at stifling commercial competition or simply a misunderstanding of the breath of trademark protection. We are committed to helping business owners engage in protected commercial activity and building brand loyalty.
Irvine Trademark Litigation Lawyers
In some cases, it is simply not possible to resolve a trademark infringement dispute without resorting to litigation. Trademark litigation begins upon the filing of a lawsuit in court. If a plaintiff successfully establishes that the defendant has infringed upon the trademark at issue, the judge may order a number of different remedies, including:
- Issuing an injunction directing the defendant to stop using the trademark at issue
- Issuing an injunction requiring the defendant to destroy or forfeit any materials that contain the infringing trademark
- Monetary damages for the plaintiff, including profits, damages, and court costs
- In exceptional cases a court may order that the defendant pay the plaintiff’s attorney’s fees
The main issue in most trademark litigation is whether there is a likelihood that a consumer will be confused by the source of the product or service at issue. The trademarks do not need to be identical for there to be a likelihood of confusion. It is often enough that two trademarks have the same meaning (even in translation), are visually similar, sound alike when spoken aloud, have the same connotation, or create the same commercial impression in the public’s mind.
Additionally, even if two trademarks are found to be similar, a likelihood of confusion only exists if the goods or services at issue are related. Whether they are related is determined by considering the relationship between the goods or services associated with the competing trademarks. The goods or services do not need to be identical in order to be related—it is enough that they are related in a way that could cause consumers to believe that they are from a common source.
Contact Mandour & Associates Today for an Irvine Trademark Attorney
At Mandour & Associates, we are qualified to help our clients at every stage of the trademark ownership process, from conducting a trademark search and filing the application to handling infringement and litigation issues. In addition, we can help you choose a strong trademark that will provide your company with maximum protection and minimize the chances that it will be found to be infringing.
If you have a legal issue related to trademark registration, infringement, litigation, or any other intellection-property related matter, please feel free to contact us by clicking here: contact form.