Trademark Registration & Maintenance
At Mashney Law Offices, we assist our clients in Orange County and throughout Southern with registering and maintaining their trademarks
Trademark rights can be established based solely on use of the mark in commerce or by applying for registration of the mark with the United States Patent and Trademark Office (USPTO).
Before registering a trademark, a trademark search, also known as a preliminary “knock-out” search, is highly recommended. Conducting a “knock-out” search is very important for identifying potential problems, such as a likelihood of confusion with a prior registered mark or a mark in a pending application. A search could save you the expense of applying for a mark in which you will likely not receive a registration due to stronger rights in that mark by a different party.
Obtaining a federal trademark registration provides the owner of the registered mark a legal presumption of ownership of the mark and the exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration. The registration can likewise give certain statutory advantages, the most prominent of which is the presumption of incontestability. This presumption can fend off certain assaults on a registered trademark. In practice‚ a government trademark enrollment tells potential in fringers that you are not kidding about safeguarding your rights and tends to expand the estimation of the trademark and business which possesses it.
Here at Mashney Law Offices, we can help you navigate the application process to provide optimal protection of your trademark rights.
Contact us today at (714) 535 5090; our office is fully prepared to help you.