An exclusive term, phrase, slogan, logo, or design that distinguishes an item or service as being provided by a certain business is known as a trademark. Companies can use trademarks as a means of ensuring brand awareness so that customers know exactly whose goods they are buying. Trademarks, copyrights, patents, and trade secrets are examples of intellectual property that serve to prevent unauthorized use of priceless corporate assets.
The fact that your company name, product design, logo, or anything else that may set your goods or product apart from other goods and products on the market might be stolen by your rivals, even if you have a registered Los Angeles Top Trademark Attorneys. Because of this, it is frequently essential to consult an IP litigation lawyer.
Trademark protection: establishing rights to your intellectual property via actual use
When you own a trademark for your product, you have the only right to use or license that specific phrase, slogan, or design. Service marks provide similar protection for services, and trade dress safeguards the distinctive visual look of a product and its packaging. The Coca-Cola brand name is an example of a well-known trademark, while the Golden Arches in the McDonald’s logo are an example of a service mark.
The idea behind trademark rights is that a business with a legally registered trademark shouldn’t need to worry about a dishonest rival coming along and stealing their hard work by attempting to deceive buyers by putting a similar graphic feature on their packaging or marketing materials. A high-quality product or service must be connected with a brand’s name or emblem in order for trademark law to take effect.
A nationwide trademark registration system was established by the Lanham Act to safeguard brand owners from infringement. Having a registered trademark has various benefits, even if it is not strictly necessary to do so in order to protect your intellectual property rights.
Rights to International Trademarks
Since trademark rights can be both local and international, they may be upheld in the United States, Canada, and other countries. This would defend a trademark holder in California, for instance, from a rival who copied their design and then sold a comparable product in China.
You should consult a skilled intellectual property lawyer who has experience handling these types of international trademark applications with both the USPTO and the World Intellectual Property Organization because the process for submitting an international trademark is slightly different from the process for submitting a domestic Los Angeles Top Trademark Attorneys(WIPO).
Protecting Your Business: USPTO Trademark Registration
You officially have a trademark the minute you develop and make use of a certain visual component of your brand, according to common law trademark rights. However, a lot of businesses continue to choose for federal trademark registration in order to have greater official protection. You must submit a trademark application to the United States Patent and Trademark Office if you wish to accomplish this (USPTO).
A trademark registration procedure might take up to eight (8) months. Your trademark will also be included to a database that tracks all trademarks that can be used for enforcement both domestically and abroad. It follows that your rivals will be legally informed of your trademark rights. Perhaps most significantly, if someone violates your trademark, you will also be qualified to file a Lanham Act suit for damages in a U.S. district court.
Searches for trademarks
In the event that a rival infringes on your trademark, the USPTO trademark database will offer convincing proof since it details the date the trademark was registered, its precise design, and the categories of goods and services it covers.
A corporation may use a symbol or design sometimes without ever looking through the trademark database, or it may do a trademark inquiry that isn’t thorough enough to seek for a mark that looks similar that is being used in a state other than the one where it conducts business. Due to the fact that trademarks are recognised in all 50 states, failing to conduct a sufficient clearance check is inappropriate and may constitute trademark infringement.
Securing and enforcing your intellectual property in California through trademark litigation
One drawback of a trademark is that you must be alert and protect it if a rival tries to use your company’s name or identity without permission. The good news is that if someone violates and dilutes your trademark by passing off their goods as yours in order to confuse consumers, you have the legal right to sue them. This is made possible by a registered trademark.
Of course, before you can legally defend your trademark against infringement, you must first establish that a rival is deliberately seeking to deceive customers about the source of their goods. A trademark surveillance service that notifies you when someone applies for a trademark can help you do this.
The first step you should do if you think a rival has violated your trademark is to consult with an experienced trademark attorney who can explain all of your choices for brand protection and trademark enforcement. A trademark attorney may carefully review your USPTO trademark application and assess if the opposing party has infringed it.