Trademarks are among the most important forms of intellectual property, largely because the individuals and/or businesses that own them are often able to generate substantial revenues. But what happens when someone steals this valuable asset by trying to pass off their inferior product, good, or service as belonging to your brand? San Diego trademark attorneys may be needed to protect your trademark against future infringement and to help you receive compensation for the violation that already occurred.
Should You Register Your Trademark with the USPTO?
A trademark is generally understood to be a symbol, word, or phrase associated with a business or product. One misconception that a lot of people have is that they need to register their trademark with the U.S. Patent and Trademark Office (USPTO) before they can get protection against infringement or unauthorized use. While applying for an officially recognized trademark with the USPTO will be necessary if you ever need to enforce the trademark in court, the reality is that trademark rights are established the moment you begin using the mark. In this way, trademark is not unlike copyright and other IP rights.
Trademark Registration Process
If you decide that you want the additional protection provided by official trademark registration, an attorney can assist you with the USPTO application process. This may include performing something known as a “trademark clearance search” to verify that you are not infringing on a trademark already in use. If there is a similar trademark already in the marketplace, the key determining factor in your application will likely be whether your mark can be distinguished from the other one, or whether they are substantially similar. Confirming the existence of a competitor’s similar trademark is important because you do not want to receive a demand letter alleging unlawful use of someone else’s trademark or, worse yet, get sued in federal court for trademark infringement.
Once your application is approved, you will be able to enforce your trademark by using the legal system to bring a civil suit against anyone who uses the trademark without permission. You will also be allowed to include the trademark symbol ® on your product packaging and in advertising and promotional materials. The trademark symbol is a strong visual deterrent to anyone who might be thinking about infringing on your trademark.
Protect Your Trademark Through Litigation in San Diego
Even if you are granted a trademark by the USPTO, it is still possible that a competitor will attempt to steal your company’s name, logo, slogan, or design and cause brand confusion among consumers. What can you do if you discover that someone is violating your trademark rights? The good news is that official registration of your trademark with the USPTO gives you the ability to file a lawsuit, known as a Lanham Act claim, in federal court. When you file your trademark claim, you can not only request an injunction to prevent the defendant from continuing to use your trademark, but you can also seek monetary compensation for damages already incurred because of the defendant’s unauthorized use.
Tauler Smith LLP Wins San Diego Trademark Cases
The most important part of trademark litigation is having a skilled trademark attorney on your side and helping you to file the claim. The trial lawyers at Tauler Smith LLP have experience filing claims to enforce trademarks and other IP rights in the U.S. District Court for the Southern District of California, which is located in San Diego. Prior to trial, we are also likely to attempt a settlement with the other party by sending a trademark demand letter. Many times, a strong demand letter can get the infringing party to cease their use of your trademark. If the case does reach trial in federal court, our intellectual property lawyers understand the complexities of this complicated area of the law, so we know how to identify the strongest aspects of your claims and persuasively argue the case before a judge or jury.
Tauler Smith LLP has an impressive track record that includes numerous successes in the courtroom, including cases involving trademark infringement, copyright infringement, trade secrets, and right of publicity. That’s because we prepare every case with the assumption that it will go to trial, a proactive strategy that has proven to be highly effective at securing favorable outcomes for our clients. Opposing lawyers know that we mean business, and they do not want to face us in court.
Information About San Diego, CA
San Diego serves as the county seat of San Diego County, having been incorporated shortly after California was admitted to the United States in 1850. Today, San Diego has a population of around 1.4 million people. In terms of demographics, San Diego’s population is nearly 29% Hispanic and 16% Asian.
At the center of the city is Downtown San Diego, where more than 28,000 people reside. The downtown area has more than 4,000 businesses, as well as the local government headquarters and the Jacob Weinberger U.S. Courthouse. The San Diego International Airport, located just outside of the downtown area on San Diego Bay, is one of the busiest airports in not just the U.S. but the entire world. Nearly 30 million people use the airport for travel annually.
Contact an Experienced San Diego Trademark Lawyer Today
Tauler Smith LLP is a California law firm that places a special emphasis on intellectual property litigation. Whether you have been accused of a trademark violation or are the victim of trademark infringement by someone else, we can help you. Contact us now to discuss your San Diego trademark case. You can call 310-590-3927 or simply fill out the contact form to schedule a free consultation.