SAN DIEGO TRADEMARK ATTORNEY
If you are seeking a trademark attorney in San Diego‚ please feel free to contact us.
A trademark is a word‚ symbol‚ sound‚ etc. that identifies the source of goods. Trademarks allow consumers to identify the origin of a product or service and to distinguish those products or services from other companies. GOOGLE‚ LEXUS and APPLE are examples of famous trademarks. Trademarks are protected by the Lanham Act‚ a federal body of law designed to protect trademark rights and to offer remedies to those whose trademarks have been infringed.
To receive a trademark registration‚ a trademark must be used in commerce. If the trademark is not yet in use‚ an “Intent to Use” trademark application may be filed with the United States Patent and Trademark Office (USPTO). While use in commerce usually bestows common law trademark rights‚ a registered trademark is entitled to legal presumptions that provide the most protection. A valid trademark registration puts the world on notice of your trademark rights which may entitle you to additional damages in the event of an infringement. An additional benefit of federal trademark registration is that the trademark can become incontestable after it has been registered for five years.
To learn more about federal trademark registration‚ please see our trademark registration page.
Trademark Infringements and Litigation
Trademark applications may be opposed by competing businesses. In addition‚ once a trademark is registered‚ a petition to cancel the registration may be filed by any person that alleges harm from the registration.
Trademark infringement occurs when two or more companies use confusingly similar trademarks. The key inquiry for trademark infringement is whether a typical consumer is likely to be confused between the two uses. If a likelihood of confusion does exist‚ or if actual confusion is found‚ then the second user is exposed to a claim of trademark infringement. If you believe that another individual or business is using a trademark confusingly similar to your own‚ you may be entitled to damages‚ attorney’s fees‚ or an injunction prohibiting further use. If you have been sued for trademark infringement‚ you should immediately contact a San Diego trademark attorney. You may see more information about trademark infringements on our trademark infringement and trademark litigation pages.
If you have questions or if you are interested in an initial consultation‚ please contact us.