Question 1

Trademark Registration for Los Angeles Businesses

Accepted Answer

A trademark is typically an identifiable word, logo, design, or combination thereof that allows consumers to identify the source of goods or services.  Having a trademark is fundamental to developing your brand. When an organization or individual establishes trademark rights, they are the exclusive owner of the trademark and can take legal steps to prevent others from using a similar trademark that may confuse customers. CHOOSE A TRADEMARK The first step in acquiring trademark rights is choosing a trademark.  In selecting a trademark, you should select a name that is as unique as possible.  This will limit the chances of later running into trademark infringement issues.  You want to be able to protect your own business while also not exposing yourself to liability by using an existing business’ trademarked name.   Also, if you submit a trademark application to the U.S. Patent and Trademark Office and it determines that your name or logo is too similar to an existing trademark, it will reject your application. The U.S. Patent and Trademark Office may also reject your application if the name presented is generic or too descriptive of the product or service you are offering.  In other words, the trademark office will reject a trademark application for “Furniture Store” for use in relation to the sale of furniture. CONDUCT A TRADEMARK SEARCH A trademark search may be the most important step in acquiring trademark rights. Proper research prior to filing a trademark application can save you potentially years of headaches with trademark infringement issues down the road. We highly advise that an experienced trademark attorney perform the trademark search which should include searching for alternate spellings, names that sound similar, and words or phrases with a similar commercial impression. FILE YOUR TRADEMARK APPLICATION After doing your due diligence, the trademark application should be filed as soon as possible.  Your trademark application will include all of the basic details including the owner name, the trademark and the goods or services at issue. If a problem arises, you will have the opportunity to address it with the examining trademark attorney. If your application is approved, the soonest it will register is usually about eight months after filing. As soon as your trademark is registered, you should begin using the registered ® symbol on your packaging, website, social media channels, and other locations where the product or service is offered.

Question 2

Benefits of Registering Your Trademark

Accepted Answer

The registration of a trademark with the U.S. Patent and Trademark Office is the most effective method to protect your trademark. This process can provide you with the following benefits: Presumptive rights throughout the entire country even if your use is more limited. You can use the ® symbol, which discourages other businesses that may try to take advantage of the good reputation of your company by attempting to use your trademark. Other businesses are put on notice that you have trademark rights when doing trademark searches and the U.S. Patent and Trademark Office may block similar trademark applications. There is a presumption of ownership and validity in potential litigation. Other companies may help protect your trademark. For example, Google may block ads that infringe on a registered trademark, Apple may deny apps with a name similar to an existing app in its store, and Amazon may block similar products. Trademarks can be an important investment. You can later sell or license your trademark or use it to attract investors. You can use trademark registration in the United States to form a basis for a foreign trademark in another country.

Question 3

Overview of the Trademark Infringement Process

Accepted Answer

Trademark infringement generally describes the process of discovering an infringement and notifying the infringer to stop.  The trademark infringement process often involves the following steps: 1. Trademark infringement is discovered. In order to effectively protect your trademark, you need to actively monitor it. This requires monitoring existing trademarks and proposed ones.  Trademark lawyers can assist with this process by setting up a trademark watch which notifies you of trademarks that are filed that are similar to yours.  You should also set up a google alert so you are notified of online infringements. If you discover that your registered trademark has been violated, you may choose to take action to stop it from happening. 2. The cease and desist letter, A trademark cease and desist letter is a formal request for someone to stop doing something that the sender believes violates their legal rights.  A trademark attorney will use one of these letters to outline how the defendant is infringing on the trademark and will formally request that it stops. This letter may also state the intention to pursue legal action if the infringement continues. 3. Responding to a cease and desist letter. A business may respond to a cease and desist letter by removing the trademark from its website, products, or marketing materials.  Alternatively, if there is some question as to whether a trademark infringement exists, the alleged infringer may have a trademark attorney respond by stating that no infringement exists. Companies must be vigilant about using their trademarks and actively monitoring for any unpermitted use. Trademark protection can be lost if the owner does not enforce its rights. Trademark lawyers are often able to work out a resolution. However, if the infringement does not stop, trademark litigation may ensue.

Los Angeles Trademark Lawyer