subject: Retaining A Los Angeles Trademark Attorney [print this page] When you need to register a trademark or become involved in litigation over a trademark issue, a Los Angeles trademark attorney is a professional who can significantly impact your chances for success in your claim (or your defense). It is crucial that you understand everything that is involved with registering your products and services and their identifying properties. It is strongly advised that whenever any issue arises that involves your identifying word, symbol or logo, you hire a Los Angeles trademark attorney for help.
A trademark is a logo, word or sound that identifies the source or owner of particular services and products, setting those products and services apart from its competitors. Although it is not mandatory that a trademark be registered to be protected, it is always recommended. This is because over time, a logo or trademark helps to establish consumer goodwill that is based on quality and pleasant experiences. The rights to a trademark are usually acquired by use in commerce, but not always. The first person to use a particular word, sound or logo is the one who rightfully has ownership of it in the geographic region in which it is used.
You may file an application with a Los Angeles trademark attorney on an intent to use basis. The date that the application is filed becomes the effective date for the trademark, even if you have not actually begun using it at that point. There are many specific rules and regulations that govern the act of filing, applying for and registering a trademark, which is precisely why you need the guidance of a Los Angeles trademark attorney.
There are laws in place for your protection to prevent competitors from palming off your goods or services as their own, and when this issue occurs, the main inquiry in any matter of infringement is whether or not there is a likelihood of confusion that exists between the trademarks. If they are found to be exceedingly similar, the person who was using the mark, sound, word or logo first is able to ask a subsequent user to stop using their current mark. If the request is not fulfilled, litigation may ensue, in which case a Los Angeles trademark attorney would be needed.
There are many benefits to registering your trademark properly, the most important being that you may be granted nationwide rights even if your use is limited to a specific area of the country. Registering your trademark with the assistance of a Los Angeles trademark attorney can also provide incontestability, a very valuable benefit.
by: Phoenix Delray
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