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Trademark Law Archives

What is the importance of a trademark?

Trademarks are words, phrases or symbols used by individuals or businesses to identify their products and to distinguish them from their competitors. You see trademarks all the time; some familiar trademarks are "Just Do It" for Nike and the apple used on Macintosh (now Apple or roughly referred to as Mac) computers.

Protecting your uniqueness in a new business

When you are starting a new business in California, there is so much to think about. One thing you will probably have to do is advertise -- which means, you need to know how to present your business. That is why creating your brand or trademark is one of the first steps in your business planning.

Is someone using your trademark?

If you think someone is using your trademark, you will want to seek a trademark attorney, but before you do, you should make sure a trademark infringement is actually occurring. Remember, infringement of a trademark happens when someone else uses the same trademark for competing goods and services, and customers are likely to confuse their business with yours.

Questions about common law trademarks

You have heard the term "common law marriage," but have you heard of a "common law trademark?" In a common law marriage, two people consider themselves married although they haven't gone through the legality of registering their marriage. It is the same with a common law trademark; a trademark is being used that has not yet been registered.

Trademark law: Learning about the term, likelihood of confusion

As intellectual property attorneys intent on helping our clients as effectively as possible, we may sometimes forget that certain terminology might sound like gibberish to the other people. The phrase, "likelihood of confusion" is one such term. It is used in trademark law as a means to prove infringement. In this post, we will talk about likelihood of confusion so that you will not be, well, confused about the term.

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Costello Law Corporation

Costello Law Corporation
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Roseville, CA 95661

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