SANTA MONICA TRADEMARK LAWYER
We assist Business in Santa Monica with Legal Issues Related to Trademarks and Trademark Litigation
We serve the entire Los Angeles community with trademark needs from our office at 100 Wilshire Boulevard in Santa Monica. A trademark is typically an identifiable word, logo, design, or combination thereof that allows consumers to identify the source of goods or services.
Trademarks function to distinguish products and services from those of competitors, allowing businesses to develop goodwill based on ongoing relationships and a reputation based on quality. Examples of well-known trademarks include Coca-Cola, Apple, Microsoft, Facebook, and CNN. A trademark is not limited to the name of a brand or the way that it is stylized—trademark protection can be extended to the way that a product is packaged (trade dress), colors, sounds, a smell, and other identifying characteristics.
Santa Monica Trademark Registration Attorneys
Trademark rights are typically acquired by filing an application with the United States Patent & Trademark Office (USPTO). Rights can also be gained by using a trademark in commerce within a particular geographic area. While there is no need to registered a trademark in order to have common law trademark rights, there are significant benefits to doing so. Some of the most common include the following:
- It allows you to use the registered trademark symbol “®”
- It provides a presumption of ownership and validity
- It often blocks others from registering a confusingly similar trademark
- It can serve as the basis for an international trademark registration
Trademark Litigation Lawyers in Santa Monica
In the event of ligitation, our trademark litigation attorneys are prepared to provide aggressive and solution-oriented legal counsel and representation to clients in any industry.
When a trademark holder believes that its IP rights are being infringed upon, remedies include filing a lawsuit in federal court. Typically, these actions are filed in federal court, and even when they are not, defendants have the option of removing them from state to federal court which we often do. If the plaintiff (the party who is claiming that his or her trademark has been infringed upon) is able to prove infringement, the court may order several different types of damages, including the following:
- An injunction compelling the defendant to stop using the trademark at issue
- An injunction requiring the defendant to forfeit or destroy the infringing materials
- The payment of monetary compensation to the plaintiff, including profits, damages, and court costs
- In certain exceptional cases, attorney’s fees
At issue in most trademark litigation is the similarity of the trademarks and whether there is a likelihood of confusion. It is not necessary for trademarks to be identical for a likelihood of confusion to exist—it is often enough that they sound alike when they are spoken, have the same meaning, are visually similar, or create the same commercial impression in the public’s mind.
In addition, a court will look to the relatedness of the goods or services being offered to determine whether a likelihood of confusion exists. Similar to the trademarks themselves, the goods or services offered do not need to be identical for a likelihood of confusion to exist. It is sufficient that they are related enough for the public to mistakenly believe that they come from the same source.
Representing Plaintiffs and Defendants in Trademark Infringement Disputes
Not every trademark dispute results in litigation. In some cases, a cease and desist letter sent to an alleged infringer gets immediate compliance. Typically, alleged infringers are more responsive to letters that come from intellectual property law firms that litigate, as they indicate that the trademark holder is serious about taking legal action if the infringement does not stop.
It is important to note, however, that not every alleged instance of infringement is legally actionable, and there are times when trademark holders attempt to stifle competition with unsubstantiated claims of trademark infringement. In these instances we aggressively protect a party’s right to engage in non-infringing commercial activity.
Contact Mandour & Associates Today to Speak with a Santa Monica Trademark Attorney
The lawyers of Mandour & Associates are experienced trademark attorneys who represent clients in Santa Monica and the surrounding areas. We assist our clients in every step of the trademark process, from evaluating whether a trademark qualifies for protection to conducting trademark searches and handling infringements and litigation if they arise.
If you or your business are considering obtaining a trademark or are involved in a legal dispute regarding the use of a trademark, you should contact us as soon as possible by clicking here: contact.