Los Angeles Trademark Litigation Lawyer
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Los Angeles Trademark Litigation Lawyer?
Axis Legal Counsel’s Trademark Litigation Practice
Represents Clients Throughout California
A trademark is not simply a word or symbol – it is the embodiment of a company’s reputation, brand and business. Whether initiating trademark litigation on your behalf or defending a lawsuit brought against you, AXIS can help.
AXIS represents clients seeking an attorney for trademark litigation, trademark defense, trademark protection, trade name or trade dress infringement actions. Trademark litigation can arise in the fields of advertising, branding, trademark and trade dress fields.
What is Trademark Litigation?
Trademark litigation is the term given to a legal proceeding, dispute, or controversy that involves a trademark. Trademark litigation can take place in federal or state courts, or before the U.S. Trademark Trial and Appeal Board. If a trademark litigation action is successful, the outcome can involve a temporary restraining order, preliminary, and permanent injunctive relief.
We can assist clients in handling all phases of trademark litigation, including applications for emergency injunctive relief (temporary restraining orders, preliminary injunctions and seizures), declaratory judgment proceedings, trials and appeals.
A trademark opposition is a proceeding in which a party seeks to prevent another party from registering a trademark that is pending before the USPTO. Every year more than 16,000 requests for an extension of time to file a trademark opposition are submitted to the Trademark Office and over 5,000 trademark opposition proceedings are commenced. The procedures for trademark opposition cases may be found in the Trademark Board Manual of Procedure, a voluminous work that contains rules, regulations, and processes that must be strictly followed by all litigants and attorneys involved in a trademark opposition proceeding.
Trademark Infringement Litigation
In order to prove infringement, a plaintiff must first show that it has developed a protectible trademark right in a trademark. The plaintiff must then show that the defendant is using a confusingly similar mark in such a way that it creates a likelihood of confusion, mistake and/or deception with the consuming public. The courts in the United States have established factors to determine if there is a likelihood of confusion including the following and variations of them:
- The strength of the mark;
- the degree of similarity between the marks;
- the geographic and market proximity of the products;
- the likelihood the prior owner may one day enter the market of the subsequent owner;
- actual consumer confusion;
- defendant’s bad faith in adopting the mark;
- quality of the defendant’s product; and
- the sophistication of the buyers
Remedies for Trademark Litigation and Infringement
The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. If the mark was federally registered, attorneys fees may be available to the plaintiff. Monetary damages are available under the Lanham Act, but rarely awarded. Some considerations in deciding whether to file trademark suit:
- plaintiffs present evidence of actual confusion;
- whether the offending user is using the mark to sell similar goods;
- whether defendant used the mark in commerce; and
- whether the mark was federally registered.
Why is Trademark Litigation Necessary?
A company’s identity, unique service, and business brand is one of its most important assets. Business names, symbols, phrases, logos, and other distinctive trademarks are generally developed at great time and expense. Thus, trademarks are extremely important and valuable to the majority of all entrepreneurs, start-ups, and small businesses that provide a product or offer a service.
These business names, symbols, phrases, logos, and other distinctive designs may function as a trademark as long as the trademark is used in commerce to distinguish a good or service associated with that trademark, from the goods or services of another individual. By federally registering a trademark with the United States Patent and Trademark Office (USPTO), this will provide certain legal protections to the registered trademark that would otherwise be unavailable. A trademark represents the company’s identity, unique service, and business brand, thus a trademark can achieve enormous value that would be foolish not to fully protect.
What if No Trademark Application is Filed or Registered?
Unless a business registers its trademarks, a latecomer business or entrepreneur may seek to obtain a state or federal registration of the trademark and block both the expansion and use of the trademark and any later attempt to register it. If a business properly selects a trademark, conducts a thorough trademark search, identifies the appropriate trademark classification, and registers its trademark with the USPTO, the USPTO will automatically reject the application of the latecomer attempting to register the same or confusingly similar mark, and the trademark rights of the business or entrepreneur most always always be superior to the latecomer.
AXIS Legal Counsel offers legal services to a wide variety of clientele in need of a trademark litigation lawyer. If you are in need of legal assistance from a Los Angeles trademark litigation lawyer, contact Axis for a confidential no-risk and no-charge consultation at firstname.lastname@example.org or (213) 403-0130.
What are the Fees for Hiring a Trademark Litigation Lawyer
Many clients frequently wonder whether it is affordable to hire a trademark litigation lawyer to assist with their trademark dispute. We generally handle trademark litigation matters on a project-based basis, by which flat fees, budgets, and other predictors of fees are used. In many litigation matters, we can handle all tasks that originate out of our side, and not the opposing side, on a flat fee or budgeted basis. Obviously, it is not possible to budget all costs and expenses, or attorneys fees, as a litigation proceeding will require you to respond to a variety of actions taken by the other side. However, we make every effort to provide as much protect ability and fees as possible, as we are sensitive to the concerns of attorneys fees and costs by clients.
Should You Hire a Trademark Litigation Lawyer to Represent You?
Clients also ask frequently whether a trademark litigation dispute is the type of thing that they would need an attorney for. In some kinds of cases, such as small claims matters, it is possible to represent yourself, and do fine. For example, in small claims court, attorneys are not allowed and the litigants represent themselves. Trademark proceedings are not like this. Trademark litigation proceedings are some of the most convoluted and technically complex of all types of lawsuits. There are special rules that govern procedure, the submission of evidence, and admitting proof in support of your claims, or in defense of your mark. Also, if you are in a trademark dispute with a much larger company, then representing yourself will generally not be a good idea, because the playing field will not be level at all. For trademark litigation matters, we always recommend that clients obtain legal advice protect their interests and their mark.
Need More Information?
If you are thinking of getting an attorney to assist you with the business litigation matter, and are not sure which law firm is best, contact us today for a no risk and confidential consultation. Our telephonic consultations are 100% free, and in a few minutes you could have peace of mind as to how we might be able to assist you deal with the business litigation matter facing you or your business.
For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact email@example.com or call (213) 403-0130 for a confidential consultation.