A trademark is any word, name, symbol, device, or trade dress (i.e., a product's packaging or shape), or any combination of these, that identifies and distinguishes one person’s goods from those of another. A service mark is the analogous legal vehicle by which a person identifies and distinguishes their services from those of another. The primary purposes served by trademarks and service marks (both commonly referred to simply as trademarks) are to identify the source of a product or service, prevent consumer confusion or deception, and protect a business’ good will.

Though the U.S. has a three-tiered trademark system of common law, state and federal, trademark rights are actually acquired simply by use in commerce, not by federal or state registration. Use in commerce essentially entails selling or offering to sell products or services bearing your mark. If you were the first to use a particular mark in commerce in a specific locality, you may already have a common law right to prevent others from using that mark. However, such common law trademark rights are generally limited to the areas where you have sold and advertised. Thus, it is preferable to register your trademark as well.

Throughout our years of practice, we have handled a wide range of word marks, stylized marks, and trade dress. Additionally, we have a great deal of experience in assisting our clients not only in obtaining federal trademark protection, but also international protection, as well as protection within the state of California for those clients who do not sell their products or services across state lines.

For more information on trademarks, please visit our Trademark Resources page.

Otherwise, if you are interested in registering your trademark federally, internationally, or even just in California, please use the menu to the left to learn more about some of the trademark services that we offer.