Protecting my business trademark: How do I do that?

Aug 24, 2015 | Starting A Business

If you’re a California business owner, even of a comparatively small enterprise, chances are that you spent a fair amount of time brainstorming, developing and taking all the steps necessary to ultimately create a defining mark or other symbol that readily identifies your business.
nbsp;

What is a trademark

A trademark can be virtually anything that serves to link the goods or services you sell with your business in the minds of consumers. It sets you off from competitors and points to the origin of the products to which it is affixed. In a very real sense, a distinctive and effective trademark operates as a virtual shortcut to public recognition of your company.

Given that, a trademark is obviously proprietary intellectual property of great value that merits the strongest legal protection possible. A rival’s infringing use of your mark (or marks) can easily confuse consumers as to product source and siphon off profits from your business. Additionally, your business can be tarnished by a competitor’s infringing use of a mark that leads consumers to buy a product that is inferior to yours.

Under American law, a trademark gains some legal protection from the first moment it is used in commerce. That is true even without the need to take steps to formally register a mark. Thus, American common law is a “first to use” rather than a “first to register” legal scheme as regards this important intellectual property.
nbsp;

Why register a trademark?

Having said that, though, it is important to note that registering a mark with the United States Patent and Trademark Office confers multiple and quite important benefits that supplement the protections afforded through common law.

As noted in an online article focusing on trademark rights and protections, registering a mark creates a legal presumption that an owner has exclusive rights to the mark. That can obviously be important in litigation. Registration also provides notice regarding mark ownership and enforcement rights to other businesses and enables a business owner to work with customs authorities to thwart unlawfully infringing imported goods.

Other benefits are also realized though mark registration. A proven business law attorney with experience helping clients secure and protect intellectual property rights can provide further information.

Latest News & Updates

Meet Our San Diego Attorneys

Thomas F. Gallagher, Esq.

Partner

(858) 926-5797
tom [at] tomgallagherlaw.com

Troy B. Krich, Esq.

Partner

(858) 926-5797
troy [at] tomgallagherlaw.com

Contact Gallagher Krich, APC

What Clients Say:

Mike K., Google

August 11, 2023

Thank you so much for all your help in resolving a real estate matter so quickly and efficiently.

Mike K
Verified

What Clients Say:

Veronica D., Yelp

October 17, 2023

We had the pleasure of speaking with Troy for a contractor issue we had recently. He is smart, patient, empathetic and basically the lawyer we would want to be our side for (may God forbids) any legal assistance or battle we need! The interaction we had with him was “free of charge” but we already felt his dedication and concern (he took the time to reach out and follow up on how he can assist us further) which busy lawyers would normally ask their admin or assistant to do so on their behalf. We will be sure to contact again Troy, if need be! Thank you!!

Veronica D

What Clients Say:

Daniel E., Google

October 11, 2022

I left a voicemail for Tom late Sunday evening and received a phone call first thing the next morning.

Tom was very quick to reply to any questions I had, and if he was caught up in a meeting, he was sure to return my call promptly.

Tom provided sound and logical advice, during a very stressful and uncertain time. At times I asked him to be more aggressive and was often met with the pros and cons of that decision, allowing me to understand the approach and thought process behind his strategy.

Ultimately he provided options for several paths for us to take, worked swiftly, and got us where we needed to be.

He reached out several times to check on my sanity and make sure I was good.

As someone with very high expectations, I would highly recommend his services. He provided expertise that proved to be successful, and also took the time to make sure I was emotionally solid.

Tom assisted with me with a 50% / 50% ownership conflict.

Daniel E
Verified

What Clients Say:

Deanna, LawConnect.com

February 23, 2022

Really informative and actionable, very grateful to have connected and I look forward to working more with them in the future.

Deanna
Verified

What Clients Say:

Marilyn, LawConnect.com

February 8, 2022

i liked that a lawyer, and not a staff member, called me to get the details and he gave me his opinion of what his initial thoughts are about my case.

Marilyn
Verified

What Clients Say:

Bob W., Google

August 30, 2021

What was thought to be a simple breach of contract turned into a nightmare. Through their tenacity and their deep knowledge of the law, we were successful. There is no reason to look any further as you will not get any better representation than this firm. I highly recommend them and strongly suggest that if you are considering starting a business or are already managing one, this firm will guide you, avoiding the troubled waters businesses sometimes find themselves in.

Bob W
Verified

What Clients Say:

Rasmita M., Google

August 13, 2021

Johnny Nitti helped us with our estate plan. He was very meticulous while drafting the plan and spent enough time to explain the details to us. He filed the deed with county recorder and paid for the fees himself. Overall, Johnny did a great job and we definitely plan to work with him in the future for any updates to our EP.

Rasmita M
Verified

What Clients Say:

George A., Google

August 6, 2021

Johnny Nitti helped me with my estate planning (will, living trust, etc.) and made the process smooth. He is very responsive and organized. I highly recommend contacting Johnny.

George A
Verified

What Clients Say:

Ashley C., Google

July 18, 2020

Tom Gallagher is very knowledgeable and helpful when it comes to business law. I reached out to him reguarding the Pandemic and my salon and I’m so glad I did. Many times stress and hard times can fog clarity and he really helped me understand the laws.

Thanks Tom!!!

Ashley C
Verified

What Clients Say:

Evan D., Google

July 16, 2019

Thank you Troy for everything! Professional, prompt, and smooth handling of my case. I will be recommending to anyone that is in need of a lawyer.

Evan D
Verified