Defining A San Diego Trademark Attorney

You may have heard of a San Diego trademark attorney

, but how familiar are you with the abilities of these professionals? Would you know when to retain one? When would you need one? In order to answer these questions, we must investigate what a trademark is defined as, first. There are many instances in which a San Diego trademark attorney may be of assistance, and to understand the field we must start at the beginning with the definition of a trademark.

A trademark is defined as a logo or word which identifies the source or creator of certain products or services, and the trademark also distinguishes those products from similar ones of competitors. One example of such a trademark might be an Internet domain name. Just as any other defining name, word or logo, a domain name is the key to a successful business online, but it must be registered properly. A San Diego trademark attorney has the ability and knowledge to register a domain name to protect it from infringement. Since the success of a website in part is dependent upon its recognizable domain name, it is always a good idea to get a domain name registered as soon as possible.

There are many trademarks that are registered and made public, but a trademark does not need to be registered specifically for an owner to protect it, although it is always a good idea to do so. Trademark laws are designed to protect consumers from confusing the products and services of one company with those of a competitor.

When there is a dispute over trademarks, the question that it all comes down to is, Is there a likelihood of confusion that is present with competing trademarks? If it is found that there is the possibility of confusion (usually because the marks are extremely similar), the user who began using the mark first may request that the later user stop using that mark and change to one that is less similar. If the later user refuses and continues to use that trademark, litigation may ensue. This is another one of the tasks of a San Diego trademark attorney to assist in these litigations.

It is important to note that intentional misspellings of some or part of the words of a trademark in close proximity to the original trademark is considered to be infringement and can be an issue that leads to courtroom proceedings and litigation. A company does not have to register all variations of its trademark in order to protect it entirely. Just because all possible variations are not registered does not mean that others can use those little variations as their own. If you need to change your trademark, register it or you really are not sure about it, you may need to contact a San Diego trademark attorney for assistance.

by: Phoenix Delray

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