Trademark Lawyer Modesto, CA

If you suspect that someone has infringed on your trademark, then we suggest contacting a Modesto, CA trademark lawyer as soon as possible. At Sierra IP Law, PC, we have seen creators get copied in an unlawful way, and we can help you deal with difficult situations like these. We know that as someone who spent time and energy creating something important to you, that the last thing you want is for someone to steal what isn’t theirs to take. An owner of a trademark who believes it has been infringed may submit a civil action either in federal or state court against the offender. If you are dealing with a trademark issue, or want to know how to apply for a trademark, contact us!

To have grounds for a trademark infringement claim, the plaintiff has to prove that they own the mark, that they have priority and rights for its use, and that the defendant's mark is probably going to cause confusion for consumers about the sponsorship or source of the services or goods offered. When the plaintiff owns a trademark, there is a presumption legally for the ownership and validity of that mark, in addition to having an exclusive right to use it nationwide. Intellectual property is protected by law, and pursuing legal action is an option.

In general, the court will review evidence to determine if there is a likelihood of consumer confusion. As a Modesto trademark lawyer explains, the key factor in most cases is the degree of similarity between marks and whether consumers would mistakenly assume that they come from a common source. Other influencing factors that the court may take into consideration are where and how the party’s services or goods are marketed, advertised, and sold to consumers. Another factor is whether there is proof of actual confusion already caused by the supposedly infringing mark and the stance of the defendant in continuing to adopt the mark.

A trademark owner may also claim that the defendant’s use of the similar mark diminishes the value or strength of the trademark owner, causing it’s reputation to be less distinctive or tarnished even if there is minimal chance of consumer confusion. With help from an experienced trademark lawyer, dealing with a trademark issue can be alleviated. Your lawyer can prepare the documents you need to take legal action, represent you in court if needed, perform investigations to uncover useful evidence for your case, and much more.

Do not let someone else sneakily copy what you worked hard to build. The defendant should have used their own creativity and ideas to develop a business or trademark, not use someone’s already established company or design to copy and benefit for themselves. If you are worried that someone has infringed upon your trademark, a Modesto trademark lawyer suggests not letting more time go by as this can cause problems for your business faster than you may think. Contact us at Sierra IP Law, PC right away for trademark assistance. We know you are proud to be a creator, so let us protect you and your intellectual property.