What is a trademark, and why does it matter? A trademark is an extremely important type of intellectual property that allows individuals and businesses to protect their brands against copycat products and imposters. When someone attempts to cause customer confusion about the origin of a product or service, it can destroy your brand by associating it with the inferior product or service. The long-term consequence of this could be a significant loss in revenues, which is why you will need to consider enlisting the help of experienced Irvine trademark attorneys who can hold your competitors responsible for trademark infringement.
Contact the California intellectual property lawyers at Tauler Smith LLP to figure out the next step in your trademark case.
Protecting Your Brand Through Trademark Registration
Trademark protection means that the symbol, slogan, or some other aspect of your brand cannot be used by anyone else without permission. The U.S. Patent and Trademark Office (USPTO) oversees trademark registration, which is one way to ensure that your mark is protected against unauthorized use by a competitor. Although you can formally register your trademark with the USPTO, you don’t need to apply for protection until you want to seek redress through the courts. That’s because trademark rights exist as soon as you start using the mark.
Of course, seeking the existence of an experienced Irvine intellectual property lawyer and applying for trademark recognition by the USPTO may still be the best way to protect your IP rights. That’s because the process includes several very useful steps, including a trademark clearance search that will confirm that your trademark is unique and not already in the marketplace. If the clearance search turns up another mark that is substantially similar to yours, then you can take early action to avoid being sued for trademark infringement by the other party. If there is no substantially similar mark, then your trademark registration will likely be approved, and you will be in a strong position to enforce your trademark later. Additionally, having your trademark registered gives you the ability to use the trademark symbol ® on packaging, ads, promotional materials, etc.
Can You Sue to Enforce Your Irvine Trademark?
What happens if you have a registered trademark and then someone decides to infringe on it anyway? Your brand has significant value, including things like the company name, logo, and slogan. A competitor’s attempt to use your trademark as their own can lead to brand confusion, and ultimately this can degrade the value of your brand because it will be associated with inferior products and services. The best way to avoid this outcome is to be vigilant about enforcing your trademark. Whether a competitor has violated your trademark intentionally or accidentally, the fact remains that it could do serious damage to your company’s reputation and revenues. Therefore, you may need to take legal action by filing a trademark lawsuit in U.S. District Court.
Having your trademark officially registered with the USPTO is what gives you the ability to file a Lanham Act claim in federal court. For a claim in Irvine, California, the venue will be the U.S. District Court for the Central District of California. The remedies available to you if you prevail at trial may include an injunction against the offending party, as well as damages in the form of financial compensation for any losses incurred by your business because of the trademark infringement.
Tauler Smith LLP Represents Businesses in Irvine Trademark Lawsuits
Filing a trademark lawsuit in U.S. District Court is going to require the assistance of knowledgeable intellectual property lawyers who understand how this area of the law works and who have experience handling these types of disputes. The Irvine litigators at Tauler Smith LLP represent both plaintiffs and defendants in lawsuits involving trademarks, copyrights, trade secrets, and right of publicity. We are adept at negotiating settlements that allow our clients to achieve favorable results while avoiding the need for trial, and we also know what it takes to win these cases in front of a judge.
Most trademark disputes begin with a cease-and-desist letter being sent to the defendant. In our experience, a strongly worded demand that the defendant terminate use of the trademark or else face a federal lawsuit is enough to get them to stop using our client’s mark. When the defendant persists in violating the trademark, the next step is typically to file in federal court. That’s where our firm’s history of courtroom successes makes all the difference, and it’s why you are going to want our experienced Irvine trademark lawyers on your side.
Information About Irvine, California
Irvine is a major city located in central Orange County, California. The city’s 300,000 residents live in 24 smaller townships, which are known as the Villages of Irvine, and which are surrounded by Irvine’s two main commercial districts: the Irvine Business Complex and Irvine Spectrum. Each village has its own unique architectural design. Some of the main villages include Northwood, Quail Hill, Turtle Rock, University Hills, University Park, Woodbridge, and Woodbury.
Motorists in Irvine travel on several major roads and highways, including Interstate 5 (I-5), Interstate 405 (I-405), California State Route 73, California State Route 133, California State Route 241, and California State Route 261. A higher-than-normal percentage of Irvine residents own motor vehicles, which can lead to traffic congestion on weekends and at certain times on weekdays. Public transit is another option available to travelers in Irvine, with more than one million people using the Irvine Station for passenger rail services annually.
Schedule a Free Consultation with an Irvine Trademark Lawyer
At Tauler Smith LLP, our Irvine trademark lawyers are well versed in intellectual property law. The reality is that IP law is constantly evolving, so we need to stay on top of any changes that occur with respect to federal legislation or legal precedents. If you believe that your trademark, copyright, or other type of intellectual property has been used without permission by a competitor, we can help you take action to resolve the matter quickly. Call us at 310-590-3927 or submit the online contact form to discuss your case.