Posts

Trademark Registration Benefits

The Benefits of Trademark Registration

Trademark Registration Benefits

Trademark protection is extremely important because it ensures that a company’s brand doesn’t get tarnished by misuse, and that customers don’t get outright stolen by a competitor due to unauthorized use. While common law trademark rights afford a certain level of protection since ownership of a mark is established the moment that mark is used, the best way to ensure that your trademark is truly protected in both the short term and the long term is to register it with the U.S. Patent and Trademark Office (USPTO). The benefits of trademark registration are wide-ranging, including the ability to take legal action if someone ever violates your intellectual property rights. Simply put, making sure that your trademark is officially registered can have a significant impact on your company’s bottom line.

To learn more about the advantages of trademark registration, keep reading this blog.

Why Should You Register Your Trademark with the USPTO?

Although you have common law trademark rights the moment you begin using your product or service, there are a number of exclusive rights that come when you formally register your trademark with the USPTO. Some of the most significant benefits of trademark registration include the following:

  • You get trademark rights in every state and U.S. territory. Regardless of how limited your use may be, official recognition of your mark by the USPTO will give you trademark protection in all 50 states. This could be especially important if a competitor ever infringes on your trademark in a state or region where you don’t normally do business.
  • You can use the trademark registration symbol. You are not allowed to use the trademark registration symbol ® on your product packaging or any other product-related materials (e.g., a website, advertisements, etc.) until your trademark is registered with the USPTO. When people see this symbol, it can offer immediate credibility because they will know that you have obtained an official trademark. Moreover, the ® symbol can also have the effect of discouraging others from possibly trying to infringe on your trademark because they know that doing so will expose them to liability.
  • Your trademark will be entered in the USPTO database. The USPTO maintains an online database of all trademarks that have been officially registered in the United States. The database includes information about the trademark, whether the trademark is registered for a good or service, and the date on which the trademark registered. The federal trademark register serves as notice to anyone who might think about violating your trademark, whether the infringement is intentional or unintentional. The USPTO will be able to quickly identify your trademark in the database if anyone ever attempts to register a similar trademark. Additionally, since all marks listed in the database are enforceable, your competitors will know that you can sue them in federal court if they violate your trademark.
  • You can file a trademark lawsuit in federal court. One of the most important benefits of trademark registration is that you will be able to enforce your trademark with legal action. Although common law trademark rights exist, only a registered trademark holder can file a Lanham Act claim in U.S. district court, which is how you pursue damages when someone violates your trademark. Beyond that, if your case does reach trial, the fact that you have a trademark registration certificate may be sufficient as proof that you own the trademark.
  • You will have trademark licensing rights. Intellectual property rights can be incredibly valuable, and not just because they are enforceable as a way to ensure brand integrity and maintain your share of the market. When your trademark is registered with the USPTO, it will open up another potential revenue stream by allowing you to sell, license, or otherwise transfer your trademark rights in the future.

Contact the Los Angeles Trademark Lawyers at Tauler Smith LLP

The L.A. trademark attorneys at Tauler Smith LLP have a comprehensive understanding of intellectual property laws, and they are ready to protect your interests in both California state court and federal court. Call us anytime at 310-590-3927 to discuss your trademark case. You can also fill out the online contact form to schedule an initial consultation.

Trademark Infringement Defenses

Best Defenses to Trademark Infringement Claims

Trademark Infringement Defenses

A trademark is supposed to provide protection against infringement by a company that misleadingly uses another company’s slogan, logo, or design to confuse consumers about a product’s origin. But it is sometimes the case that a trademark infringement claim is brought in bad faith by a plaintiff who either misunderstands the law or who is trying to make a quick buck. When this happens, it may be necessary to secure the services of an experienced California intellectual property lawyer who understands IP law and who can offer the best defenses to trademark infringement claims.

To learn more about strong defenses that may be raised in your trademark infringement case, keep reading this blog.

What Defenses Are Available in a Trademark Dispute?

A trademark dispute often arises when one company is accused of interfering with another company’s branding and marketing strategies. If you received notice that your company has infringed on someone else’s trademark, a knowledgeable Los Angeles trademark lawyer can help you explore your best options for contesting the claim.

Some of the most common trademark defenses include the following:

  • Non-Infringement: When a person or company sells or markets a product, good, or service that has a similar name, logo, or design to another product in the marketplace, it may constitute a violation of the other party’s exclusive trademark rights. If the other party has a registered trademark with the U.S. Patent and Trademark Office (USPTO), that party may then seek to bring an end to the unauthorized use of the trademark by filing a lawsuit. But if the goods or services in dispute are not similar in such a way that they are likely to confuse the average consumer, then you may be able to defend yourself against a trademark infringement claim by asserting that there was no infringement at all.
  • Fair Use: If a competitor’s use of the mark is likely to cause confusion among consumers, then it could constitute trademark infringement. But there are still limits on exactly what kind of words or designs can be trademarked, and the trademark fair use defense establishes one of those limits. The more generalized or broad a particular use is, the less likely a court is to enforce the trademark. For example, a fruit company with a symbol or design incorporating a red apple may not be able to enforce its trademark, whereas a computer company logo incorporating a multi-colored apple with a piece missing from the side might constitute a violation of Apple’s trademark rights because it is likely to cause confusion between the brands. In other words, any use of a word or symbol that matches that word or symbol’s plain meaning may constitute a fair use, while other uses may not constitute a fair use.
  • Prior Use: “Prior use” is exactly what it sounds like. Basically, if you can show that you were using the trademark before the other party, then any subsequent use by them would be an infringement on your trademark rights. Since trademark rights are established by actual use, it won’t necessarily matter whether the other party had already registered their trademark.
  • Different Markets: Even if a particular product is only sold in one state, the product’s trademark is protected in every state across the country. If the products are sold exclusively in certain markets, however, then brand confusion may be unlikely, and the company might find it difficult to enforce the trademark in the other market.
  • Abandonment: Sometimes, the fact that a trademark was registered isn’t enough to protect it against use by another company. For example, if the trademark registrant has failed to use the trademark for a period of at least three (3) years, this may be considered “abandonment” of the trademark rights. That’s because trademark rights can only be enforced when the trademark is being actively used, and it won’t matter if the abandonment was unintentional. Additionally, a trademark registrant must also vigorously enforce their trademark or risk losing their trademark rights. (Along those same lines, if you are a trademark owner and you wish to protect your rights, you may need to file a trademark renewal application with the USPTO every 10 years.)

Contact the Los Angeles Trademark Lawyers at Tauler Smith LLP

If you’ve been served notice of a trademark violation lawsuit, the skilled Los Angeles trademark attorneys at Tauler Smith LLP can help you raise effective defenses against the infringement claim. Depending on the circumstances, it may be possible to avoid costly legal action by getting the case dismissed early in your favor, or by reaching an agreement with the plaintiff to drop their claim.

Call us today at 310-590-3927 or fill out the firm’s contact form.