Trademark

Newport Beach Trademark Attorneys

In an increasingly competitive business world—particularly for those doing business online, it is vital to set your business apart from your competition with a brand that communicates the quality of your goods or services and the central values of your business. Your brand is represented by the colors, photos, marketing materials, verbiage, fonts, and many other elements you use to present your business to the world.  Your trademark is a logo, name, or mark that your business uses in connection with the sale of your goods or services and it communicates many of these brand elements to consumers, as they come to recognize and appreciate your unique position and brand experience.

When you build a successful business, there are unfortunately others who will want to capitalize on your reputation and goodwill by copying your brand. To prevent your clients and customers from being confused about the source of similar goods and services, it is important to protect your intellectual property and register your trademarks.

At The Myers Law Group in Newport Beach, California, our knowledgeable and experienced team of trademark attorneys are skilled at conducting clearance searches to determine the availability of your proposed mark, identify potential challenges to the registration of a mark, respond to Office Actions of non-final refusals issued by an examining trademark attorney at the U.S. Patent and Trademark Office, prosecute cases of trademark infringement, and help facilitate trademark licenses and transfer of trademark rights.

Helping You Secure Your Authority In The Marketplace

At The Myers Law Group in Newport Beach, California, our intellectual property lawyers engage in solid trademark value protection and thorough research in order to secure your trademarks. We will advise you, protect your trademarks and other intellectual property assets, representing your interests with unsurpassed litigation skills, creative methods and support in all aspects of the legal processes necessary.

At the initial adoption stage of any mark, some form of search should be conducted to ensure that the mark a company wishes to adopt will stand out from and not infringe upon the mark of a competitor.

  • We will assist in conducting such searches and advising you of the usability and registrability of a mark.
  • Once you decide to adopt and use a particular mark, our team will assist in applying for federal and/or state trademark registration and help navigate the registration process. Upon registration, we also provide docketing assistance to ensure that all future filings are timely and made to preserve your rights in any trademark dispute or trademark violations cases.

Trademark Law In The U.S. — Federal, State And Common Law

Trademarks and service marks can be a variety of things such as words, designs, logos and trade dress (product packaging and product shapes). A three-tiered trademark system exists in the Unites States, consisting of common law, state and federal trademark rights. It is important to understand and appreciate each in the selection and protection of trademark rights.

Trademark lawsuits and intellectual property cases in Orange County can take many forms. It’s essential to have an experienced Orange County intellectual property attorney representing your case if you hope to achieve the results you expect with a proposed or current trademark or any related dispute. Some of the most common types of trademark issues resulting in legal disputes include:

  • Trademark proposals. If you want to establish your brand officially, you’ll need to register a new trademark. Navigating the application process can be difficult. As your Orange County trademark lawyer, we can help you with trademark registration, clarifying any uncertainty surrounding a proposed trademark, and identify potential for disputes from existing trademark holders through extensive clearance searches. Many hopeful trademark owners submitting their applications for the first time make small errors or omissions that, unfortunately, delay the trademark application process. An experienced Orange County trademark attorney can help to ensure a trademark proposal is complete, accurate, and supported by all necessary documentation.
  • Established trademark adjustments. Sometimes changing circumstances force a trademark owner to revisit an existing trademark. If you need to adjust any aspect of your intellectual property, our team of Orange County intellectual property attorneys can help you navigate the process and handle more complex aspects of dealing with the U.S. Patent and Trademark Office.
  • Interactions with the U.S. Patent and Trademark Office. The U.S. Patent and Trademark Office employs examining trademark attorneys to review trademark applications, appeals, and other motions. As your Orange County trademark attorney, we can act as your legal advocate during these interactions and help you reach a speedier conclusion with your issue.
  • Trademark infringement. It’s not uncommon for fraudsters and other parties to attempt to capitalize on another party’s brand name illegally. If you encounter any incident of an unauthorized party attempting to turn a profit using your trademark or intellectual property, an Orange County intellectual property attorney can help you evaluate the available legal remedies in your situation and recover any losses and damage to your brand. Your attorney can also help to ensure the fraudulent exploitation of your trademark ceases.
  • Licensing and transfer of trademark rights. Sometimes, trademark owners sell or transfer their ownership over certain pieces of intellectual property to others. These exchanges require professional legal facilitation. As your Orange County trademark lawyer, we will carefully review a proposed trademark or licensing exchange to ensure it is legal and in the best interests of all parties involved.

These are some of the most common intellectual property issues to arise that warrant coordination with an experienced Orange County intellectual property lawyer. If you are in the midst of a similar situation, it’s essential to find and secure legal representation as soon as possible to protect your brand and your personal interests.

Why Do I Need an Orange County Trademark Attorney?

It’s possible for the average person who wishes to hold a trademark or conduct trademark-related business with the U.S. Patent and Trademark Office on their own, but the process is very difficult, time-consuming, and expensive. Attempting to navigate the U.S. Patent and Trademark Office’s procedures and analyze the intellectual property laws of the United States and California without professional legal assistance can be an incredible challenge.

An Orange County trademark attorney like those at the Myers Law Group have extensive experience prosecuting trademarks within the legal channels of the U.S. Patent and Trademark Office and handling various types of trademark-related legal matters. Trademark registration, licensing, exchange of ownership, and claims of infringement are all official legal proceedings subject to the U.S. Patent and Trademark Office’s strict deadlines and procedures.

By hiring an Orange County trademark lawyer who has experience with these legal systems, you are investing in peace of mind and security that a professional will handle your legal matter more efficiently than you could manage unassisted.

Common Issues With Trademark Registration

Many people encounter significant issues with the trademark registration process when they attempt to handle their trademark registrations without the help of experienced attorneys. The U.S. Patent and Trademark Office’s trademark registration process may seem straightforward at first, but the reality is that it is very confusing for the average applicant. Trademark owners and hopeful trademark owners could make expensive mistakes they could have potentially avoided with the assistance of experienced trademark attorneys:

  • Registering for a trademark under the improper filing basis can significantly delay the securing of a registered trademark. Trademark registration applications can select one of two filing bases: commercial use of the trademark and intent to use the trademark commercially. Unfortunately, many trademark registration applicants choose the incorrect filing basis and may wind up with an essentially unenforceable trademark.
  • Submitting the wrong kind of trademark specimen can also hinder the trademark registration process. When you submit your trademark registration application, you must provide a specimen that shows how you use your proposed trademark in commercial operations. If you submit the wrong type of specimen, you may not receive actual legal protection for your trademark.
  • Some trademark registration applications choose the wrong trademark class or mistakenly misidentify the class of the goods and services that will fall under their trademark. The classification system used by the U.S. Patent and Trademark Office is highly complex. If you submit it inaccurately, your application will likely be denied.

Trademark application issues are just one area of intellectual property law in which hiring an Orange County trademark attorney can be a tremendous investment. Your legal representative can also assist in the event another party attempts to use your trademark commercially without your consent.

How Your Lawyer Can Help With Trademark Infringement or Intellectual Property Abuse

The trademark you register for your brand is a symbol of your connection to your customers and the values your brand offers. When another party fraudulently and deceptively attempts to cash in on your brand name without your authorization, this is a trademark infringement. You should never stand for this type of behavior from any party as it could potentially do lasting damage to your brand by diminishing consumer trust in your goods and services.

The U.S. Patent and Trademark Office has clear procedures in place for navigating trademark infringement claims and other matters related to the abuse and misuse of intellectual properties. Your Orange County trademark attorney can help you navigate these procedures and recover the losses inflicted upon you and your brand.

Secure Legal Counsel for Your Trademark or Intellectual Property Case Today

Our firm has extensive experience before the Trademark Trial and Appeal Board in inter partes proceedings such as opposition, cancellation and concurrent use proceedings. These proceedings are the U.S. Patent and Trademark Office’s version of trials, where parties resolve issues pertaining to the use of trademarks or service marks.

We have a solid background of experience, resources and successes in these matters for clients in a variety of industries across the country. We also offer comprehensive services in matters related to trademarks such as licensing, unfair competition and false advertising.

From our office location in Orange County, we assist clients throughout Southern California, across the nation and around the world. Call us at 888-415-4373 today to speak with one of our experienced trademark attorneys. You can also contact us by secure email.

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