An easily recognizable word, logo, design, or combination of these that enables customers to determine the source of products or services is known as a trademark. Creating your brand requires having a trademark. When a business or person secures trademark rights, they become the only user of the mark and are able to take legal action to stop others from using a mark that is confusing to consumers.
Select a trademark
Selecting a trademark is the first step in obtaining trademark rights. You should choose a name for your trademark that is as distinctive as possible.
The likelihood of subsequently dealing with trademark infringement concerns will be reduced as a result.
If the name you provide is too generic or descriptive of the item or service you want to market, the U.S. Patent and Trademark Office may potentially reject your application.
Search for trademark
The most crucial stage in obtaining trademark rights may be a trademark search. Doing thorough research before submitting a trademark application might possibly spare you years of trouble with trademark infringement concerns in the future.
We strongly suggest hiring a skilled Los Angeles Trademark Attorneys to do the trademark search, which should involve looking for similar-sounding names, alternative spellings, and words or phrases.
Trademark application are due
The trademark application should be submitted as soon as feasible after doing your due diligence. The owner name, the trademark, and the products or services in question will all be included in your trademark application, along with any other necessary information.
You will have the chance to discuss any issues with the trademark attorney conducting the examination if they come up.
Considerations for Registering your marque
The most reliable way to protect your trademark is to register it with the U.S. Patent and Trademark Office. You can gain the following advantages from this process:
- Presumptive rights across the board, even if your use is more constrained.
- You can use the ® sign to deter other companies from trying to utilise your trademark in an effort to benefit from your company’s positive reputation.
- When doing trademark searches, other companies are informed that you have trademark rights, and the U.S. Patent and Trademark Office may deny comparable trademark registrations.
- In the event of litigation, legality and ownership are presumed.
- Other businesses might support the defence of your trademark. Google, Apple, and Amazon, for instance, all have the right to refuse advertisements that violate registered trademarks, applications with names that are too similar to those of other apps already available in their stores, and identical goods.
- It might be wise to make an investment in trademarks. Your trademark can subsequently be sold, licenced, or used to draw investors.
- An American trademark registration can serve as the foundation for a foreign trademark in another nation.
Always Renew your trademark
You must renew your Los Angeles Trademark Attorneys at the following times after it is registered:
- 5 years have passed since the registration date.
- every decade on the anniversary of the registration date
Protection of international trademark
If you now use or intend to use your trademark in other nations, you should file worldwide to ensure that it is protected there as well. Using the Madrid Protocol, we may submit foreign trademark applications fast.
Los Angeles trademark infringement attorneys
Under U.S. trademark law, the main inquiry for determining whether trademark infringement has taken place is whether a typical customer is likely to be confused between the infringing trademarks.
The following elements are taken into consideration when determining the possibility of confusion:
- The potency of the brand
- Similarity of the products and services
- similarities between the trademarks
- Proof of true bewilderment
- The closeness of the organizations’ marketing strategies
- The level of caution used by the average buyer
- The purpose behind the defendant’s trademark selection; and the possibility of product line growth.
In the well-known Ninth Circuit case of AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, these eight criteria were listed (9th Cir.1979).
A summary of the Process of trademark litigation
The following steps are frequently included in the trademark lawsuit process:
- Defendant brings a lawsuit
- The Defendant has replied to the Complaint
- Both parties engage in discovery
- The dispute is settled or a trial is held.
The use of a trademark infraction is found
You must actively monitor your trademark if you want to properly defend it. This necessitates keeping an eye on both proposed and existing trademarks. By putting up a trademark watch that warns you of newly filed trademarks that are similar to yours, trademark attorneys may help with this process. Additionally, you want to set up a Google alert to notify you when there are online infractions.
Representing oneself in trademark litigation
It’s crucial to be aware of any potential defenses you may have in trademark litigation if you receive notification that your business may be infringing upon a trademark. A plaintiff must also be aware of any potential defenses put up by the defendant. The following are some typical defenses used in Los Angeles Trademark Attorneys infringement lawsuits.
In Los Angeles, California, the compensation range for a Trademark Lawyer position is $110,643 to $153,160 annually.