Trademarks

What is a Trademark?

A trademark is a word, phrase, symbol, design or combination of these elements, that identifies and distinguishes the source of the goods of one party from those of any other parties.

A service mark is the same as a trademark except that it identifies and distinguishes the source of the service rather than a product.

How do I establish a right in a particular trademark or service mark?

You can establish rights in a mark based on the legitimate use of the mark on products or services.

How do I protect my mark and prevent others from using it without my permission?

While it is not necessary to register your trademark, owning a federally registered trademark provides several advantages including:

• Provide notice to the public that as to a claim of ownership to the mark;
• Provide a legal presumption as to the trademark holders sole and exclusive entitlement to use;
• Provide the ability to register the mark with US Customs to prevent counterfeit and unauthorized infringing goods from being imported; and
• Provide the legal ability to bring an action to protect the trademark ownership and exclusive right to the mark in federal court

How can California Coast Legal Group help with a Trademark?

• Prepare, file and prosecute state, federal and international trademark applications;
• Conduct trademark clearance searches;
• Conduct trademark audits to maximize intellectual property portfolios;
• Establish tracking charts to assist in managing trademark rights and value intellectual property;
• Establish trademark guidelines, trademark manuals and training materials to assist when counseling manufacturers, employees, marketing personnel and others on the proper and effective use of creating and maintaining a recognizable brand;
• Review and revise marketing, packaging and other materials to ensure proper intellectual property usage;
• Conduct intellectual property portfolio audits to determine missed opportunities and clarify decision making on expansion opportunities;
• Prepare and provide documents to retain the confidentiality of assets;
• Prepare and provide documents for consent and licensing; and
• Prepare and provide customs clearance letters and letters of import/export.

This information is intended to provide you with general information concerning trademarks and is not intended as legal advice. If you are interested in having us assist you in any trademark matter, please contact us at legal@californiacoastlegal.com.