Trademark Law Overview

Trademarks are names or logos that identify the source of goods or services. Generally, the more distinctive the trademarks, the more successful they are in distinguishing the goods and services of the trademark holder from others. By definition, a trademark is a way to protect brand names and, therefore, plays a key role in business and commerce.

As with copyrights and trade secrets, trademark law is specialized and complex. To avoid the pitfalls, especially in trademark litigation, it’s essential to have an attorney with deep experience and knowledge of the law.

I am attorney Larry Townsend. With 40 years of experience with intellectual property issues in the Bay Area, I have the knowledge and ability to protect your interests in a full range of trademark matters. To arrange a time to talk with me about your specific situation, give my office a call at 415-906-2792.

What Type Of Trademark Issue Are You Facing?

Trademark matters may begin with clearing (searching availability) of a trademark to be adopted to trademark litigation in federal court and everything in between: registering trademarks before the United States Patent and Trademark Office (USPTO); obtaining registrations of trademarks internationally; opposition, cancellation and concurrent use proceedings before the USPTO Trademark Trial and Appeal Board; negotiating coexistence and consent agreements to resolve certain types of trademark “boundary” disputes; and domain name disputes and UDRP arbitration proceedings.

I can help you take care of registering your trademark or asserting other trademark-related interests. As an IP lawyer for decades, I know how to guide you through this process.

I am also no stranger to trademark disputes that result in litigation. No matter what side of the dispute you are on, I can advocate effectively for your interests.

Frequently Asked Questions About Trademark Law

As an experienced trademark attorney practicing in San Francisco, I often receive questions from clients and potential clients about various aspects of trademark law. This area of intellectual property can be complex, and understanding your rights and obligations is crucial for protecting your brand.

I’ve compiled and answered some of the most common questions below. These FAQs cover fundamental aspects of trademarks, from basic definitions to registration processes and infringement issues.

What Are Trademarks?

A trademark is any word, name, symbol, or device that identifies and distinguishes the source of goods or services. This includes both trademarks for products and service marks for services. Trademarks can be words, logos, sounds, colors or even smells, as long as they indicate the source.

How Do I Protect My Trademark?

To protect your trademark:

• Ensure its availability through a thorough search.
• Use the mark in commerce with your goods or services.
• Consider registering with the U.S. Patent and Trademark Office.

What Kinds Of Trademarks Are Most Protectable? Least Protectable?

From most to least protectable:

1. Fanciful marks (invented words)
2. Arbitrary marks (existing words used in unrelated contexts)
3. Suggestive marks (hinting at product qualities)
4. Descriptive marks (only if they acquire secondary meaning)

Generic terms cannot be protected.

Don’t I Need To Register My Mark Someplace?

Registration isn’t required for ownership, but it provides significant legal advantages. Unregistered marks have limited geographical protection where they’re used.

Then Why Should I Bother With Registration?

Registration offers:

• Legal presumption of ownership
• Nationwide notice of your claim
• Ability to bring federal court actions
• Use of ® symbol
• Potential incontestability after five years
• Basis for foreign registrations

How Can I Protect My Trademark Outside The U.S.?

International protection is generally available on a country-by-country basis. Some “group filings” are possible through international treaties. Most countries base ownership on registration, not use.

How Long Will My Trademark Rights Last?

Trademarks can last indefinitely if properly maintained and not abandoned. Registrations must be renewed every ten years.

What Exactly Is Infringement Of My Trademark?

Infringement occurs when another party uses a mark that’s likely to cause confusion with your mark for similar goods or services.

Are Domain Names The Same As Trademarks?

Domain names are primarily internet addresses but can function as trademarks when used to identify the source of goods or services.

Does Registering A Domain Name Protect It As A Trademark?

No. Domain name registration doesn’t confer trademark rights. However, cybersquatting (registering a domain incorporating someone else’s trademark in bad faith) can be considered an infringement.

Can I Transfer My Trademark Rights?

Yes. Trademarks can be licensed if the owner maintains quality control. They can also be sold or transferred, but this must include the associated goodwill of the business.

In my law practice, I assist clients with all aspects of trademark protection and management. If you have questions about protecting your trademark, please contact me.

While this information provides a good starting point, please remember that each situation is unique. For specific advice tailored to your circumstances, I encourage you to contact my office for a personalized consultation.

If you have additional questions about trademarks or need assistance with protecting your intellectual property, please don’t hesitate to contact my San Francisco office for a consultation. I’m here to help you navigate the intricacies of trademark law and safeguard your valuable brand assets.

Your Legal Rights And Options

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