Trademarks are an important asset for many businesses. Common examples of trademarks include company names, slogans, and logos. Like copyrights and patents, trademarks are an intellectual property right that can be monetized for branding purposes or through licensing agreements. Unfortunately, unscrupulous individuals may attempt to monetize your trademark for their own benefit. The integrity of your brand could be permanently compromised when a competitor steals your trademarked product or service and causes confusion among consumers about its source. That’s why it is important for businesses to be vigilant about identifying knockoffs and brand thieves.
The Newport Beach trademark attorneys at Tauler Smith LLP provide a range of legal services to entrepreneurs and other types of business owners who may need to file a trademark infringement lawsuit. We also handle trademark defense litigation if you’ve been accused of violating someone else’s trademark or breaching a trademark license agreement.
What Is a Trademark?
A trademark is a type of intellectual property right that protects a particular aspect of a product or service, such as a name, word, logo, or symbol. The idea behind trademark rights is that consumers are entitled to know the source of the products or services they purchase. When a competitor steals your trademark and creates brand confusion among consumers, you can enforce the trademark by sending a cease & desist letter and, if necessary, filing a lawsuit in U.S. District Court. Since trademark registration is handled federally, your trademark is valid throughout the United States.
Although a trademark is like other intellectual property rights such as copyright and patent, these IP rights are not identical. Trademarks are typically used by businesses to protect a product name or logo. By contrast, copyrights may be used by artists and other individuals to protect an original work of authorship, while patents are used by inventors to protect the formula or design of their invention.
Why You Should Register Your Trademark
Trademark registration can be particularly important for startup companies that may need to protect their IP assets in the future as the business grows. Since common law trademarks are recognized, you can technically get trademark protection even without filing with the U.S. Patent and Trademark Office (USPTO). But there are still considerable benefits to official trademark registration, including additional protection under federal law.
Whether your trademark is registered domestically with the USPTO or internationally through the Madrid Protocol, the experienced Newport Beach attorneys at Tauler Smith LLP can help you protect your trademark against infringement by competitors. This could include preparing and sending a cease & desist letter to the offending party, or litigating the matter in federal court, if necessary.
How a Newport Beach Trademark Attorney Can Help You
There are significant aspects of federal trademark law that go beyond trademark registration, enforcement, and litigation. A knowledgeable attorney can also help you with trademark portfolio management, including change of ownership if you want to sell or license your trademark to someone else. Additionally, it is important to stay informed and meet all deadlines and other requirements associated with the trademark renewal process, such as filing affidavits of continued use; otherwise, you could lose your trademark protection. Although trademark registration can be continually renewed, there are limitations on renewal and requirements that must be met.
Can You Use Someone Else’s Trademark?
If you are thinking about using someone else’s trademark for any reason, a Newport Beach trademark defense attorney can help you clear the usage before you expose yourself to liability for infringement. For example, you are going to want to perform a trademark clearance search before you decide on a name or design for your product because you do not want to be sued later for trademark infringement. When you receive a trademark demand letter from someone claiming that you violated their trademark, your best move is to speak with a knowledgeable attorney immediately.
Newport Beach, CA
Newport Beach is located in Orange County, CA. The city is close in proximity to John Wayne Airport, Crystal Cove State Park, and the Santa Ana River. Balboa Island is a community within Newport Beach that can be accessed by bridge and ferry, with the Balboa Island Ferry service providing boats that travel back and forth between Balboa Island and Balboa Peninsula. Several local restaurants, fishing shops, and other retail stores are located on Marine Avenue. There is also a waterfront boardwalk that surrounds Balboa Island, with pedestrians using it as a walking trail. The Balboa Pavilion is recognized as both a national and state landmark.
There are multiple high schools in Newport Beach, including both public schools and private prep schools: Corona del Mar High School, Newport Harbor High School, Pacifica Christian High School, and Sage Hill School.
Contact the Newport Beach Trademark Lawyers at Tauler Smith LLP
Tauler Smith LLP provides trademark attorney services throughout California, including Newport Beach and surrounding areas. Whether you need help filing a trademark infringement claim or responding to a trademark cease & desist letter, our Newport Beach trademark lawyers can help you. Call 310-590-3927 or email us to schedule a free consultation.