Trademarks and Service Marks Attorney
A Trademark is a word, symbol, name, or device, or some combinations of these things, that is used in conjunction with certain goods to identify the source of those goods. A Service Mark is such an item when used in conjunction with services instead of goods. Trademarks and service marks are often called “brands”. The purpose of a trademark or service mark is to distinguish the source of goods or services of one party from those of other parties, which becomes part of the goodwill of a business. Trademarks and Service Marks may also be used to protect certain other distinguishing aspects such as color, and in some cases may even protect sound, scent, flavor, and motion.
US trademark or service mark rights ordinarily arise when a mark is placed into actual use in commerce on goods or services. A qualifying trademark or service mark may be registered with the US Patent and Trademark Office, which provides several advantages to the holder of the registration. Among those are: a legal presumption of ownership of the mark and the exclusive right to use the mark nationwide on the listed goods or services; the ability to bring a lawsuit in federal court to enforce the mark against infringers; the right to use the ® symbol in connection with the mark; and the opportunity to recover increased damages and attorney fees in the event of a willful infringement. The US Patent and Trademark Office also allows applications for registration to be filed prior to establishing use of the mark, if the applicant has a bona fide intention to use a mark. The process for applying for US trademark protection can be challenging and complicated, an experienced trademark attorney should be consulted at the earliest possible opportunity to represent, assist, and guise the applicant through the process.
Foreign Trademark Protection. Because trademark protection beyond the United States is frequently important to its clients, Sierra IP Law, PC - Patents, Trademarks & Copyrights has established connections with trademark law firms in many foreign countries, and can act as a liaison between its clients and these law firms to assist its clients in pursuing foreign trademark protection.
Enforcement. If trademark rights are infringed, the attorneys at Sierra IP Law, PC - Patents, Trademarks & Copyrights have the experience and expertise to enforce those rights or defend against them, through state or federal court litigation if necessary, on behalf of their clients.
Licensing. The attorneys at Sierra IP Law, PC - Patents, Trademarks & Copyrights also have experience and expertise in transferring or receiving US trademark rights from one party to another, in whole or in part, whether by way of sale, license, assignment or otherwise.
Difference from Patent or Copyright. A patent provides protection for an invention (such as a process, machine, manufacture, composition of matter, or improvement thereof; an ornamental design; or an asexually reproducible plant). A copyright provides protection for certain works of original authorship (expressions) including literary works, musical works, dramatic works, choreographic works, pictorial, graphic and sculptural works, audiovisual works, and sound recordings. Visit our patent and copyright pages for more detailed information about these other forms of intellectual property.
Trademark Lawyer San Luis Obispo, CA
At Sierra IP Law, PC, we understand that your business identity and product name are critical assets in your industry. Our team is highly skilled in protecting clients’ important brands and identities. The process of developing and claiming intellectual property is multifaceted and complex, and requires When selecting and protecting your business name, choose a trademark lawyer San Luis Obispo, CA trusts. A trademark lawyer can help secure the right type of trademark protection as a valuable intellectual property tool for your business.
New business owners and entrepreneurs often question the importance of a trademark registration. This is valid, considering the legal costs of filing and prosecuting an application. However, your business assets are valuable and need to be protected against potential counterfeiters. Without registering your trademarks, you face potential theft from those looking to infringe on your hard work. These registrations preserve your extensive time, energy, and finances you have invested into your brand.
Choosing the Right Trademark
When determining the right trademark for your business, you must consider both aesthetic appeal and name availability. Our attentive trademark lawyers will work with you to navigate the accessibility of any name or logo you wish to select as your trademark. There are also several additional benefits provided by trademark registrations, which are outlined below:
® Symbol Use
Social Media and Internet Commerce
Customs and Border Protection
Security for Financing
Foreign Trademark Rights
Types of Trademarks
In the process of creating a trademark application, it is important to understand that not all trademarks are considered equal under the law. This perceived hierarchy designates the level of legal protection available to the selected trademark. The five primary categories of trademark legal protection include: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. Obtaining legal ownership over your business name ranges in complexity. Generic marks generally do not qualify for trademark representation unless they contain specific detail. Fanciful and arbitrary marks are the easiest names to register as trademarks, as they contain fanciful, uncommon language, or a different meaning from real life associations.
At Sierra IP Law, PC, our IP lawyers can help protect the following intellectual property names:
Other related licensing and litigation.
Choose a Trademark Lawyer San Luis Obispo, CA Trusts
A trademark registration will prove to be an invaluable tool for your business, both protecting and preserving its brand and reputation. Due to the various subtleties in the registration process, the USPTO strongly recommends that applicants seek out the support of a trusted trademark attorney to navigate the complex requirements and rules. Invest your time and money where it matters when you choose a trademark lawyer San Luis Obispo, CA trusts. Let Sierra IP Law, PC handle the legal process of securing your hard-earned business assets and intellectual property. Contact our efficient and attentive team of attorneys today.