Long Beach Trademark Lawyer
Trademark Attorneys in Long Beach Working with Businesses with IP Needs
Mandour & Associates is a full-service intellectual property law firm that can provide counsel in any matter related to intellectual property law, including trademark registration, trademark infringement, and trademark litigation.
From our office in Orange County, we assist business related to intellectual property and specifically trademarks. A trademark, which can also be referred to as a “service mark” when used in relation to the provision of services, is a type of intellectual property that is used to distinguish the source of goods or services. Trademarks are used to protect brand names and logos, but can also be colors, sounds, phrases, or domain names. Trademarks are protected by law and allow business to have a property interest in the goodwill related to the quality of the goods and services that they provide. Examples of some well-known trademarks in the United States include Microsoft, Apple, Budweiser, Yahoo, McDonalds, and Google.
Long Beach Trademark Registration Attorneys
For many businesses, creating a trademark is the most important step in building a brand and developing customer loyalty. There are two ways to establish a trademark in the U.S.:
- Begin using a trademark in commerce within a specific geographic area
- Register a trademark with the United States Patent and Trademark Office (USPTO)
Simply starting to use a trademark in commerce within a specific geographic area can create “common law” trademark rights, which, while providing some protections, is weaker than a federally registered trademark. To register a trademark, the trademark holder must file an application with the USPTO and have the trademark approved. Some of the benefits of registering a trademark include the following:
- The legal right to use the registered trademark symbol “®”
- The provision of notice on the USPTO’s national database, potentially reducing the risk of a dispute at a later date
- National protection (rather than regional protection)
- A basis for international registration
- A presumption of validity
Trademark Infringement Lawyers in Long Beach
Trademark infringement happens when a party uses a trademark of another party in a way that is likely to confuse the public about the source of goods or services. In some cases, trademark infringement occurs intentionally and involves an attempt by a competitor to develop a similar trademark that will benefit from the good will of the original trademark. In others, the infringing trademark is a result of the infringing party’s lack of awareness of the existence of the original trademark.
Regardless of the reason for the infringement, many trademark infringement cases are resolved through the issuance of a cease and desist letter. We find that these letters are more effective when issued by not just an intellectual property attorney, but one that litigates, since it shows the infringing party that you are serious and that legal action may be imminent.
We also recognize that sometimes, allegations of trademark infringement are unsubstantiated and may reflect an attempt to inhibit competition or the overly expansive view of a trademark right. When this occurs, our attorneys are available to represent parties who are accused of trademark infringement and aggressively defend their right to engage in protected commercial activity.
Long Beach Trademark Litigation Lawyers
In some cases, a trademark dispute cannot be resolved informally, making it necessary for the party alleging trademark infringement to file a lawsuit to resolve the matter. If the action is resolved in the plaintiff’s favor, there are number of remedies that may be available. These include the following:
- An injunction requiring the defendant to cease using the trademark
- A court order requiring the defendant to destroy or forfeit any product or materials on which the trademark appears
- Monetary remedies, such as the payment of profits to the plaintiff, damages, and court costs
- In some cases, the defendant may be ordered to pay attorney’s fees to the plaintiff
In a substantial percentage of trademark infringement cases, the dispute at issue is whether there is a likelihood that a consumer will be confused about the source of a product or a service (or both). It is not necessary for a trademark to be identical for a likelihood of confusion to exist; rather, it is often sufficient that the trademarks sound alike when spoken, are visually similar, have the same meaning, or create the same commercial impression in the mind of the public.
In addition, even if two trademarks are determined to be similar, there usually will only be a likelihood of confusion if the products associated with the trademarks are related. Just as the trademarks themselves need not be identical for a likelihood of confusion to exist, the products or services being offered also do not need to be identical.
Contact Mandour & Associates Today for a Long Beach Trademark Attorney
We represent clients in Long Beach and the surrounding areas and work with businesses of all sizes and stages of growth. We can assist with everything from helping you develop a strong trademark that will provide maximum legal protection to actually preparing your application and filing it with the USPTO. In addition, should there be any problems with your application, we will be able to communicate with the USPTO on your behalf and potentially expedite a resolution.
If you or your business are seeking trademark protection, believe that someone else may be misappropriating your trademark, or are actively involved in a trademark dispute, you should retain legal counsel as soon as possible. If you need our assistance, please contact us via our contact form.