Trademark Law Attorney - Southern California

Intellectual property can be a key asset of many businesses. Whether your business is a technology based business, or a consumer product, intellectual property can be valuable. It is important to invest in the protection of your company’s intellectual property. A failure to police and defend your intellectual property rights may result in a loss of those rights. If you need help protecting your Intellectual Property please call the law firm of Gaston & Gaston APLC at 649-398-1882 today.

Trademark Law

A trademark is a word, group of words or design that indicates the origin of goods or services. When affixed to goods it is called a trademark. When affixed to services, it is called a service mark. Both trademarks and service marks receive protection from state and federal statutes. A registered trademark is indicated by the symbol ®. A common law, or unregistered trademark, is indicated by the symbol TM. A service mark is indicated by the symbol SM. Trademarks and service marks may be registered with the state and federal government. The decision as to where to register a mark depends upon the business plans of the company and the geographic region in which they do business.

A trademark or service mark does not expire; however, certain filings must be made periodically in order to continue the valid registration of a mark. A trademark may be a business name, business tag line, or logo or a combination of these elements. In order to register trademarks the different goods and services have been classified by the International Classification of Goods and Services into one of 45 Trademark Classes. Classes number 1 to 34 are for goods and classes number 35 to 45 are for services services. The idea of this system is to specify and limit the extension of the intellectual property right by requiring the specification of the goods or services are covered by the mark, and at the same time unify the classification system in countries around the world. It is possible to apply for a mark in multiple classes of goods and/or services for additional fees.

Before a business undertakes the use of any business name, tag line or logo, it is wise to search wisely for use by others as adopting a name or logo that is already in use may infringe the trademark rights of others. Trademarks and service marks are rights that arise in time. In other words, generally speaking, the first user (also known as a senior user) of a trademark or a service mark has superior rights to a junior user and may block a junior user from using the mark. Perhaps the best way to become a senior user of a mark is to be the first user to register the mark with the government. It is not necessary to have already used the mark in commerce. In some circumstances, it is possible to register a mark that you intend to use, but have not yet used, in conjunction with your business. This can be accomplished by filing an “Intent to Use” application. In contrast, a “use based’ application requires that you have already used the mark in conjunction with your business. In fact, a “use based” application for a trademark or service mark will ask you to state the actual first date of use, and will ask you to provide samples of your use. It is never a good idea to misstate a first date of use, either intentionally to attempt to acquire senior rights, or inadvertently, as such a misstatement can be used to invalidate your registration and any rights in your mark. Therefore, it is prudent to keep accurate records of use of any marks as you develop your business and its products or services.

If you need advice or help registering a trademark, call Gaston & Gaston APLC at 619-398-1882.

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