Just like patent, trademark is a protection provided by the Patent and Trademark Attorney. Nevertheless, patent and trademark are not one and the same. A patent is usually for a new invention like a machine or process or a chemical compound whereas, a trademark is protection for a name or word or design or even graphical representation of a company to distinguish its products from another company’s product. By registering trademarks, one can restrict others from taking undue advantage of their company\’s reputation in the market. In other words, if you register your trademark, no one else except you can use it for promotional or advertising purposes.

In the recent years, trademarks are ubiquitous and the most commonly used trademarks include brand names or logos or advertising caption. One of the major advantages of registering a trademark is that you can establish a direct relationship with your customers by communicating about the quality of your products or by informing the services you offer to them. Hence, by having a trademark, your company can have a brand image among the public, which will take your business to higher level. However, remember that you can get benefitted only when you protect your trademark from infringement.

Trademark infringement refers to the unauthorized use of registered names or logos or designs of a company by another person or company. Use of similar designs or symbols or logos or words to that of registered ones also comes under infringement. Apart from trademark infringement, the owner can also file cases against those who caused trademark dilution. Trademark dilution is nothing but diluting the uniqueness of a trademark purposely by another person or company.

If you find any company or person taking undue advantage of your trademark, the first thing to be done is to consult a trademark infringement lawyer. A trademark infringement lawyer helps you to file a case against the infringer. The first thing a trademark infringement lawyer does is to analyze the extent of infringement. This can be done by observing the following.

1. How similar are the original and infringed trademark?

2. Any evidence to prove that the customer may get confused with the original and infringed trademark

3. Intention of the infringer in using a similar trademark?

4. To what extent this infringed trademark can cause damage to the company’s reputation or profit?

5. Marketing means used by the infringer to promote his products etc.

If the lawyer believes that the other person consciously used a similar trademark, he will file a case on behalf of you in the court. Once a case is filed against the infringer, it is his responsibility that the accusation against him is invalid beyond every reasonable doubt. Defences against infringement should include either honest use of trademark or invalid registration of trademark. You need a trademark attorney if you want to file an infringement case or even to defend yourself against the accusation. If you are a defendant, you need an efficient attorney to make sure that the accusation is responded appropriately. If you are a trademark owner, you need a lawyer to make sure that your trademark is not taken advantage by another person or company. So, in either the case, you need to hire a competent trademark lawyer.

The Beverly Hills Trademark Attorney has an in-depth involvement with many inventors who deal with technical development of products so that they can gain an understanding of what needs to be protected through patents. Click here for Beverly Hills Trademark Lawyer

Patent law is a unique niche in the field of law that comprises not only of law, but of science as well. Visit http://www.omnilegalgroup.com/ for more details.

Author Bio: The Beverly Hills Trademark Attorney has an in-depth involvement with many inventors who deal with technical development of products so that they can gain an understanding of what needs to be protected through patents. Click here for Beverly Hills Trademark Lawyer

Category: Legal
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