San Diego Trademark Attorney
Trademark Attorneys in San Diego Provide Legal Advice and Representation to Businesses at Every Stage of Growth
If you are in San Diego and need the assistance of a trademark attorney, please feel free to contact us. We are a San Diego intellectual property law firm. We assist San Diego businesses and individuals with issues related to trademarks, copyrights, and patents.
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. You likely see trademarks every waking hour. Examples of famous trademarks seen 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.
San Diego 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 can 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 registering your trademark federally include:
- When you register a trademark, you may file a lawsuit in federal court and obtain certain relief 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 registered ® 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 thorough 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 the assigned examining attorney, ensuring that you obtain the best possible outcome.
Trademark Infringement Attorneys in San Diego, California
Trademark disputes arise when one party alleges that another party is using the same or a confusingly similar trademark in a way that violates a trademark owners’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 from an intellectual property lawyer that litigates 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 San Diego 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 a significant impact 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 the trademarks are sufficiently similar such that a likelihood of confusion may exist, it will only cause a likelihood of confusion if the products or services at issue are also the same or related. Because of the subjective nature of these issues, anyone involved in a trademark dispute should retain the representation of a trademark attorney as soon as possible.
Contact Mandour & Associates Today if you need a San Diego Trademark Attorney
Issues related to trademarks have the power to make or break your business. We provide actionable advice and aggressive representation to individuals and businesses who have legal needs related to trademark law. For assistance with your trademark issue in San Diego, California, please complete our contact form.