subject: Retaining An Orange County Trademark Attorney [print this page] An Orange County trademark attorney is a professional who can make or break your claim for a trademark. It is important that you understand everything that is involved with protecting your products and services and the identifying properties. There are many aspects that are involved when you need to register a trademark, which is precisely why it is strongly advised that you seek the help of an Orange County trademark attorney.
To begin, a trademark is a word, logo or sound that identifies the source of products or services. It also sets those products and services apart from competitors. Over a period of time, these identifiers tend to establish consumer goodwill that is based on quality, longevity and other similar factors. For the most part, rights to a trademark are usually acquired by use in commerce. The prior user of a mark 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. Any questions? Of course you have questions, which is why you need to consider hiring an Orange County trademark attorney.
As far as litigation goes, there are laws which prevent competitors from palming off goods as those of another, and when this issue comes to light the key inquiry in the matter of infringement is whether or not there is a likelihood of confusion that exists between the trademarks. When it is found that they are found to be similar, a prior user might request that a subsequent user desist use of the trademark. If the request is refused, litigation may ensue which would be grounds to hire an Orange County trademark attorney.
A trademark needs to be registered with the United States Patent and Trademark Office and potentially with other foreign countries as well. There are many benefits of registering your trademark, the most important being that you may be afforded nationwide rights even if your actual use is limited to a specific area of the country. Constructive notice of your trademark prevents a subsequent user from claiming that it conducted use of it in good faith. In addition, registration can also provide incontestability, which allows you as the owner to prevent a defendant from claiming certain defenses in the event of infringement. Retaining an Orange County trademark attorney is your best insurance against infringement against your trademark.
by: Phoenix Delray
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