Omni Legal Group is now providing its industry leading trademark procurement and enforcement services to the residents of Northern California. With an office strategically located in San Francisco, California we can service Alameda, Palo Alto, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. An experienced trademark lawyer can prepare, file, search, and enforce your trademark intellectual property rights throughout the state of California and all over the United States.
There are a variety of ways we service the residents of San Francisco. Protection of your rights usually begins with procurement. An individual’s or corporation’s brand name may be registered with the United States Patent & Trademark Office (“USPTO”), and trademark offices throughout the world. In the United States, a trademark or service mark (when you are protecting a service instead of a product based company) can also be registered within each state and territory, although these registrations are of not as valuable to businesses who conduct business across state lines. A state registration normally cannot defeat a federal registration, because federal trademark rights supersede state rights and therefore federal registration is usually a priority.
If you have not registered your trademark yet, you may not be out of luck. In a litigation setting, unregistered marks may protected by asserting common law rights for mark used in the United States. Nevertheless, marks registered with the USPTO enjoy benefits over common law marks. These advantages include:
- The ability to bring actions for trademark infringement in federal courts, as well as state courts;
- Eligibility for up to treble damages in a successful trademark infringement action;
- A presumption that the registered mark is valid;
- A presumption that the owner of the registration owns the registered mark;
- A presumption that the registrant has exclusive rights to use the mark in commerce;
- A presumption that the registered mark is not confusingly similar to other registered marks;
- The ability to file applications for registration in other countries, based upon the U.S. registration; and
- The ability to prevent the importation of goods bearing infringing marks, by recording the registration with United States Customs.
At the Omni Legal Group we provide our San Francisco Bay Area clients a wide variety of trademark services including international registrations. Registering your trademark abroad may provide similar advantages to those offered by the United States and is an advisable course of action if you do business abroad.
U.S. registrations are issued for an initial term of ten years. During the fifth year of registration, an affidavit must be filed with the PTO, attesting that the mark still is used in interstate commerce. Failure to file the affidavit can result in cancelation of the registration. We can assist in every step of the trademark process to help individuals and corporations protect their brands. These are just some of the many reasons you should pick up the phone and dial (415) 503-0285 to schedule your free initial consultation in person or over the phone. You may also send your contact information to email@example.com and a trademark lawyer from our office will get in contact with you promptly.