NEWPORT BEACH TRADEMARK LAWYER
Trademark Attorneys in Newport Beach Provide Legal Advice and Representation to Businesses at Every Stage of Growth
If you are in Newport Beach and need the assistance of a trademark attorney, please feel free to contact us. Trademarks are words, logos, designs, colors, sounds, symbols, or other devices that inform consumers about the source of products or services that they consider buying. If you live in the United States or any other industrialized nation, you likely see trademarks every waking hour. Common trademarks that you probably see on a daily basis are those owned by Apple, Google, Microsoft, Toyota, Starbucks, McDonald’s, YouTube, Yahoo!, and Subway.
A trademark can be one of a business’s most valuable assets, so trademark holders must do everything they can to protect and assert their trademark rights. At Mandour & Associates, our trademark attorneys provide advice and representation to businesses and individuals with legal issues related to trademarks and all other forms of intellectual property. We work tirelessly to meet our clients’ needs and resolve the disputes in which they are involved as favorably as possible.
Newport Beach Trademark Registration Lawyers
You are entitled to certain trademark protections without going through the process of registering your trademark. Common law trademark protections attach the moment you start using a trademark in commerce, which means that you could hypothetically create a trademark, start advertising, and claim common law trademark protections. That said, anyone conducting business should register trademarks with the United States Patent and Trademark Office (USPTO). Benefits of doing so include:
- When you register a trademark, you may file a lawsuit in federal court and obtain certain damages if you prevail, including damages, court costs, the infringer’s profits, and attorney fees.
- Registering a trademark with the USPTO allows you to use the ® symbol, which puts all parties on notice that you have a federally registered trademark. This can discourage would-be infringers from misappropriating your trademark or trying to capitalize on your hard-earned goodwill by using a confusingly similar trademark, potentially saving you the costs associated with litigation.
- USPTO registration can get you priority and serve as the basis for foreign registration, which may become important as your business grows
- Registering your trademark will result in a presumption of validity in your favor, should litigation arise at a later date
We can help you obtain a trademark as quickly and efficiently as possible. As our client, we will assist you along every step of the way, including by conducting an exhaustive trademark search, providing feedback on the legal strength and defensibility of your proposed trademark, and registering your trademark with the USPTO. Furthermore, should issues arise during the process, we will advocate for your position with agency officials, ensuring that you obtain the best outcome possible.
Trademark Dispute Attorneys in Newport Beach, California
Trademark disputes arise when one party alleges that another party is using the same or a similar trademark in a way that violates a trademark’s exclusive rights and confuses consumers. Fortunately, businesses and individuals involved in these disputes can often resolve them with a cease and desist letter without having to resort to litigation. In some cases, a strongly worded letter on attorney letterhead is enough to get an infringer to stop using your trademark or an overzealous business owner to back off from an unsubstantiated claim. At Mandour & Associates, our trademark attorneys work with parties on all sides of trademark disputes. Whenever possible we work to find quick and efficient solutions and save our clients the costs associated with litigation.
Skilled Newport Beach Trademark Litigation Lawyers
In some cases, parties must go to court to resolve their trademark disputes. In these instances, we are aggressive intellectual property litigators. When plaintiffs prevail in a trademark case, the court can order many different remedies—all of which have the potential to leave significant impacts on everyone involved. Remedies a court may order in a successful trademark infringement lawsuit include:
- An injunction directing the defendant to forfeit or destroy any infringing materials
- An injunction ordering the defendant to stop using the infringing trademark
- Monetary damages paid to the plaintiff
- Attorney fees paid to the plaintiff
Trademark litigation tends to involve disputes regarding whether trademarks are similar enough to cause a likelihood of confusion in the mind of a consumer. Trademarks do not need to be identical to cause a likelihood of confusion—they only need to look similar, sound similar when spoken aloud, or create the same commercial impression in consumers’ minds. Furthermore, even if a trademark is sufficiently similar that a likelihood of confusion may exist, it will only cause a likelihood of confusion if the product or service sold is similar to the trademark at issue. Because of the extremely complicated and subjective nature of these issues, anyone involved in trademark litigation should retain the representation of a trademark attorney as soon as possible.
Contact Mandour & Associates Today if you need a Newport Beach Trademark Attorney
Issues related to intellectual property, such as trademarks and copyrights, have the power to make or break your business—sometimes before it even gets off of the ground. At Mandour & Associates, we provide actionable advice and aggressive representation to individuals and businesses who have legal needs related to trademark law and all other aspects of intellectual property. We regularly act as local counsel for clients who are located outside of the state, and can also practice outside of the state of California on a pro hac vice-basis. For assistance with your issue in Newport Beach, California, please complete our contact form.