Orange County Trademark Protection Attorney

Trademarks are words, names, logos, phrases, and designs that identify your brand in relation to your goods or services and distinguish you from others in the industry. When your trademarks are being infringed upon, an Orange County trademark protection lawyer is crucial to help defend your company’s interests.

The team at The Kinder Law Group has in-depth knowledge of the protections and rights afforded by trademarks, as well as the uses they have for businesses throughout Orange County. Our firm can work with you to create a strategy to register your intellectual property and address trademark infringement. It is crucial that our legal strategy aligns with your business interests and goals.

Why It Is Important to Enforce Your Trademark Rights

Trademark enforcement should be implemented when necessary to protect your brand image, reputation with the general public, and your profits. Infringement can dilute your brand trademark, cause confusion, and cause the wrong associations with the trademark.

Trademark infringement happens when another party uses your trademark with their goods or services, and the use is unauthorized. Trademark infringement can also occur when the trademark used by the other party is confusingly similar to your trademark. This improper use of your company’s trademark can create confusion among your customers about your goods or services.

What Can You Do to Enforce Your Trademark Rights?

There are several options trademark holders can use to enforce and protect their rights if another party infringes on those rights. This includes:

1. Cease and desist letters. This is a formal letter or several letters sent to the infringing party demanding that they cease the infringement. In some cases, this is the only action needed, as it informs the party of your intention to assert your rights. A cease and desist letter may also include additional demands beyond ending infringement. These letters could result in negotiations between parties to reach an agreeable solution.
2. Opposition and cancellation proceedings. When the infringing party is applying to register their trademark, you can file a proceeding to oppose or cancel their application. This proceeding is filed and managed through the Trademark Trial and Appeal Board.
3. Litigation. If infringement does not cease, you can file a claim in state or federal court. In order to file in federal court, your trademark must be registered with the U.S. Patent and Trademark Office.

Where Do I File Trademark Infringement Cases in Orange County?

Trademark cases are handled by the U.S. Court of Appeals for the Federal Circuit. This court has national jurisdiction over trademark cases, including trademark infringement issues. The closest federal appeals court to Orange County is the Ninth Circuit Court of Appeals, located in Pasadena, California, in Los Angeles County. The court is located at:

Richard H. Chambers Court of Appeals Building

125 South Grand Avenue

Pasadena, CA 91105-1621

The court is located 34.97 miles from Orange County.

Real World Trademark Litigation: Under Armour, Inc. v. Armorina, Inc.

The apparel company Under Armour filed a trademark infringement claim against a small apparel company in Maryland’s U.S. District Court. Under Armour claims that the women’s apparel company Armorina was diluting the company’s brand through the use of the name and trademark.

This claim went to a jury trial. The jury ultimately supported the claims made by Under Armour, stating the use of Armorina was infringement, dilution, and unfair competition.

Enforcing Your Trademark Rights

Brand and trademark recognition is crucial to your standing and continued success as a business. At The Kinder Law Group, we understand this importance, and we want to help you protect and enforce your trademark rights. Contact our firm today.