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Posts tagged "Trademark Law"

What's involved in securing a trademark?

Establishing a trademark is essential for your brand because it will prevent others from hijacking your name and image, and thereby prevent others from stealing your customer base and hurting your business profits. In order to set up the trademark for your business in a legally appropriate way, you may want to work with a California attorney who is familiar with this area of the law.

How do you get a trademark or service mark in California?

The secretary of state's office is in charge of maintaining and registering trademarks and service marks in the state of California. The provisions that apply to trademarks and service marks are located in the Model State Trademark Law, which is found in the California Business and Professions Code.

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.

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