Trademark Litigation Lawyer

Trademarks are a useful way to establish your business’s brand and prevent competitors from trying to profit from your company’s reputation. If you believe another business has infringed on your registered trademark, don’t hesitate to speak with a skilled trademark litigation lawyer. A qualified and experienced intellectual property attorney can also help protect your business against baseless accusations of trademark infringement made against your business.

What the Team at Rome LLP Can Do for You

Your business’ trademarks are among your most valuable assets, and they are what set you apart from others working in your field. The intellectual property attorneys at Rome LLP represent business entities and individuals across the spectrum of industries in aggressively pursuing claims against others who infringe on trademarks while also defending against such claims.

When other parties infringe on your trademarks through misappropriation or other means, it is in your interests to take decisive action to prevent further damage to your trademark and business interests as a whole, while winning the money damages, injunctions, and other equitable relief your business deserves. 

Understanding the Basics of Trademark Law

Business owners, inventors, and entrepreneurs are coming up with new ideas and marketing approaches every day. Any time someone comes up with an original idea, it is their intellectual property (IP). One of the most effective ways to establish and protect your invention, idea, or business is by registering a trademark. In fiscal year 2024, the United States Patent and Trademark Office (USPTO) received 767,138 new trademark application classes.

The purpose of a trademark is to help identify your business as the source of your product or service. Trademarks allow businesses to distinguish their goods from those of competitors within the same marketplace, which can help to develop brand recognition. A trademark can be a word, symbol, phrase, design, or a combination of these things. By officially registering your trademark with the USPTO, you are also protecting your brand from competitors who may try to capitalize on imitating your branding efforts.

When Is Trademark Litigation Necessary?

You may want to hire a trademark litigation lawyer if you think your registered trademark has been infringed upon. If you believe a competitor has used your trademark, whether intentionally or not, it’s important to take action as soon as possible to address the issue and stop further confusion in the marketplace.

You may also want to consult with a trademark litigation lawyer if another company has claimed that your business is infringing on their trademark. Trademark litigation laws can be complex to understand, so it’s beneficial to have an intellectual property attorney guide you throughout the process.

Trademark litigation cases are usually processed in a federal U.S. district court instead of the state courts because intellectual property law is primarily based on federal statutes. Some trademark laws and claims do exist at the state level and can go through state courts, so be sure to consult with your intellectual property attorney to learn more.

The main courthouse for trademark litigation issues in the Los Angeles County area is typically the Edward R. Roybal Federal Building and U.S. Courthouse, which is located at 255 East Temple Street, Los Angeles, CA 90012. It’s important to verify with your trademark attorney where your particular case may be handled. Certain cases, such as trademark registration disputes, may instead be handled by the Trademark Trial and Appeal Board.

Hire a Trademark Litigation Lawyer From Rome LLP

Our attorneys collectively have decades of experience litigating on behalf of businesses in the digital space and thus have the resources and skills to take quick action to assess whether other parties may infringing on your trademark interests anywhere in the world, and, if so, pursue enforcement strategies both in and out of court to curtail the infringement and to win maximum money damages and other remedies. Our attorneys also represent clients outside of the purely digital spectrum in resolving trademark litigation disputes, including working with those in the design, retail, art, film, fashion and other industries where enforcing trademarks is often critical to survival.

FAQs

What Is a Trademark Useful For?

Trademarks are useful for establishing your company’s brand in addition to providing protection to your business’s branding efforts. Trademarks can be a unique word, phrase, symbol, design, or a combination of these elements. A trademark helps separate your business’s goods or services from those of others that are within the same market.

Trademarks are one way you can protect your intellectual property. By officially registering a mark with the United States Patent and Trademark Office, you obtain legal protection from trademark infringement.

Why Should I Register My Trademark?

There are several reasons you should register your trademark with the United States Patent and Trademark Office (USPTO). The first benefit of officially registering with the USPTO is that your trademark is entered into the agency’s database.

This allows others to see that you own that specific trademark within the specific category of goods or services. Registering your trademark also allows you to use the federal registration symbol (®) and bring others who may infringe on your mark to court.

What Is Trademark Litigation?

Trademark litigation is the legal process of one party filing a claim against another based on claims of trademark infringement. The purpose of trademark litigation is for the party whose trademark was infringed upon to seek monetary damages due to the business they may have lost because of confusion in the marketplace.

Filing a trademark infringement claim can also address the issue itself, such as obtaining an injunction to stop the infringement from continuing. Other common claims include trademark dilution and unfair competition.

How Much Does a Trademark Litigation Lawyer Cost?

How much it may cost to hire a trademark litigation lawyer can vary quite a bit, depending on where your business is located, the experience of your trademark law attorney, and the complexity of your case.

In California, your intellectual property attorney may charge hourly for their services. However, your lawyer may offer a flat fee for certain services. It is recommended to ask your legal counsel for an accurate price estimate when you consult with them.

What Does a Trademark Litigation Lawyer Do?

A trademark litigation lawyer is there to represent your business in all legal proceedings, whether you are the one filing the infringement claim or the one accused of trademark infringement. Trademark litigation attorneys can also help you proactively by assessing whether there are additional threats to your intellectual property, such as copyright infringements, trademark dilution, theft of trade secrets, and more risks.

No matter what type of industry or market you are in, a trademark litigation attorney helps to protect your business.

Contact an Effective Trademark Litigation Lawyer

At Rome LLP, our IP attorneys are here to fight on your behalf against allegations of trademark infringement as well as help you pursue instances where your trademark has been infringed upon. We understand the importance of addressing our clients’ concerns and keeping them updated on developments in their litigation case.

Our dedicated legal team has decades of experience in trademark litigation and can represent individuals or businesses. We are available to answer any questions you may have and look forward to hearing from you. Reach out to our team today so we can schedule a meeting for you to consult with a skilled and experienced trademark litigation attorney.