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Understanding The Job Of A San Diego Trademark Attorney

Understanding The Job Of A San Diego Trademark Attorney

A San Diego trademark attorney is one who can help people like yourself to properly protect a logo

, symbol or word that identifies you or your company. It is important that you are aware of all of the different concepts and legalities that are involved with something like that, and you need to be able to properly and thoroughly register a trademark. There are many things that are involved with protecting your services and products and all of their identifying properties. It is strongly advised that anyone who wants to register a trademark do so with the counsel of a San Diego trademark attorney.

First of all, you need to make sure that you understand what a trademark is. A trademark is a word, logo or sound that identifies the source of services or products that the public sees, and it is used to designate and distinguish certain products and services from other competitors. Over a period of time, people come to recognize certain identifiers of different products, and these establish consumer good will that is based on longevity, quality and other factors as well. You can see why those identifiers for products, or trademarks, are critical to a companys success.

For the most part, rights to a trademark are usually acquired by use in commerce. The prior user of a trademark is the one who owns it in the geographic region in which the mark is being used. People are able to file an application for a trademark on an intent to use basis, and the filing date will become the constructive date for the trademark, even if you have not yet begun actual use. If you have questions about any of this, which you very well may, you are going to need the help of a San Diego trademark attorney.

There are many laws in place now that prevent others from palming off goods of others as their own. An example of this type would be one trademark looking very similar to another. When this becomes an issue, the key inquiry in a matter of infringement is whether or not there is a likelihood of confusion that exists between two trademarks. If the two trademarks in question are found to be too similar, the prior user would request that the subsequent trademark user desist use and change their trademark to something much less similar. If a request of this type is refused or ignored, litigation then ensues. It becomes critical at this point once again to hire a San Diego trademark attorney.

by: Phoenix Delray
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Understanding The Job Of A San Diego Trademark Attorney