Trademark Patents in San Francisco

For a mark to be a trademark, it must be identified in the minds of consumers with a particular source of a good or service. Think of a trademark as a brand name. In contrast to trademarks, patents protect new and useful machines, articles, substances, or processes through exclusive rights granted by the federal government.

Unlike patents that last for a limited period of time, trademarks can be renewed forever as long as they are being used in commerce. Trademarks allow consumers to recognize a particular company as the source of particular products and services that they trust. Trademarks protect identifying marks that distinguish goods or services, such as names, logos, designs, and emblems that are used in commerce.

A major goal of trademark law is to protect consumers and prevent them from being confused as to which business they are dealing with or purchasing from. A trademark or a patent gives protection against unauthorized use. To obtain patent or trademark protection you need to register the patent or trademark properly.

Help with San Francisco trademark registration

To obtain trademark protection a search of the U.S. Trademark Registry is made to determine if the mark is available. Our trademark law firm can perform the search as well as file your application, after which there will be discussions with the Patent & Trademark Office.

A state trademark may be obtained, but it does not establish constructive use of a trademark nationally as does federal trademark registration. A federal trademark is a more powerful asset.

If you register your mark on the Principal Register you receive several advantages including:

  • Constructive notice to the public of your claim of ownership of the mark
  • A legal presumption of ownership
  • The ability to bring an action concerning the mark in Federal court
  • The exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in your registration
  • The right to use your registration to obtain registration in foreign countries

There are severe penalties for infringing a trademark or a patent.

Provision by a San Francisco trademark defense law firm

If you have questions about patents or trademarks, or are in need of patent or trademark defense, contact the San Francisco firm of Dergosits & Noah LLP to speak to an experienced intellectual property attorney.

Dergosits & Noah LLP
One Embarcadero Center Suite 350, San Francisco, CA 94111     •     415-705-6377

Dergosits & Noah, LLP, Attorneys, San Francisco, CA

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