Patent and Trademark Archives - Page 3 of 6

What is the best way to approach the required Information Disclosure Statement (IDS) when filing a patent application?

Filing an Information Disclosure Statement (IDS)

When filing a patent application, you have a legal obligation to disclose all information known to you that is material to the “patentability” of your device, product, idea, etc. These disclosures must be formally conveyed to the U.S. Patent and Trademark Office (USPTO) in accordance with 35 C.F.R. §1.56. You may be asking, “what exactly constitutes material information for my patent application?” Well, the governing standard is that any information that a reasonable patent application examiner would consider important in assessing whether to grant the application is deemed to be material. It is also important to understand that this disclosure duty is ongoing from the moment you file the application all the way to the issuance of the U.S. Patent.

Limitation of Disclosure Requirement

It is worth noting that the disclosure requirement set forth in 35 C.F.R. §1.56 only obligates an applicant to disclose material information that is “actually known” to the applicant and does not require a search to be conducted. This is an important, and necessary, limitation since the USPTO wants to avoid disclosures that are based purely on conjecture or speculation.

Satisfying the Duty to Disclose

The duty of disclosure is satisfied when you submit an Information Disclosure Statement (IDS) to the USPTO listing relevant patents, patent applications, and other published documents or information. Depending on the nature of the disclosure, a copy of the document may also need to be provided to the USPTO.

Ramifications Associated with Failing to Disclose Material Information

The ramifications from failing to comply with the duty of disclose can be quite severe. For example, if it is determined that you willfully failed to provide material information to the USPTO, it can result in a later ruling of “unequitable conduct” that ultimately renders your issued patent unenforceable. If that was not bad enough, when there is evidence of willful failure to disclose, it exposes you to being sued for damages in federal court.

Supplemental Examination

If you are applying for a patent or currently own a patent and, at some point, you discover material information that should have been disclosed to the USPTO, you can request a “supplemental examination” which affords the opportunity to consider, reconsider, or correct information believed to be relevant to the patent. The ability to request a supplemental examination is available at any point during the period of enforceability for the patent.

There are various benefits associated with a request for supplemental examination. Once your supplemental examination materials are filed with the USPTO, a review will be undertaken, and you will usually get a response from the federal agency within three months. The response will typically come in the form of a certificate indicating whether the information you provided raises a “substantial new question of patentability.” If that is the case, an ex parte, re-examination of the patent will be required. If not, the request ends there. Another benefit associated with a request for supplemental examination is that a patent cannot be deemed unenforceable based solely on information that was considered, reconsidered, or corrected during a supplemental examination, so you can have a level of confidence during this process that you will not, sua sponte, lose your patent protections.

**Contact an Experienced Patent Attorney in Los Angeles Today**

As you can see, the process of applying for a patent is complex, time-intensive, and involves an array of different rules and regulations. Hence, it is in your best interest to retain the services of a patent in attorney Los Angeles such as the highly reputable professionals at Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Helpful Tips for Drafting a Licensing Agreement

When you register a trademark for your business, there is a crucial next step you need to be prepared to address – licensing the rights to that trademark so other individuals and companies collaborating with you to manufacture or sell your product featuring that mark are legally compliant. It is important to understand the impact of a trademark license agreement. If this agreement is detailed and well-crafted, it can play a big role in determining how much you, the owner of the trademark, will benefit financially from the commercial success of the product. A trademark license agreement will also help in protecting both your registered trademark and the resources you invested into building goodwill and a positive affiliation with the consuming public.

To help ensure your trademark licensing agreement is valid and detailed, here are some helpful tips to consider when drafting a licensing agreement.

No. 1 – Clearly Establish the Licensee Requirements

In a trademark license agreement, you, the owner of the registered trademark, are known as the licensor. The party that pays you money in exchange for the right to market or manufacture products bearing your trademark is known as the licensee. In the trademark license agreement, you should be as specific as possible about what trademark rights you are licensing and what the licensee is and is not allowed to do with your trademark. If, for example, you own the trademark to a children’s character, and you want to preserve their child-friendly image, say so. Don’t want your trademark adorning beer bottles? Specify this in the agreement. Don’t want your character hawking weight loss supplements? Put it in writing.

No. 2 – Ensure All Key Pieces of Information are Included in the Agreement

Relying on a cookie-cutter printout of a license agreement you found online, or hastily drafting an agreement, is often a recipe for disaster and heightens the risk that vitally important pieces of information are not included in the final agreement. Do not make this mistake. You need to ensure the license agreement clearly addresses the following issues:

Who owns any new intellectual property that the licensee creates incorporating your trademark;
The geographic region where the licensee may sell the licensed products; and
Which state will have jurisdiction to decide legal disputes that may arise from the trademark license agreement (this is often referred to as a “choice of law” provision).

No. 3 – Be Transparent About Duration of the Agreement and the Timetable for Payments

Mistakes and oversights regarding the duration and payment terms in a trademark licensing agreement can lead to costly disputes and glaring loopholes. Hence, it is imperative to not gloss over these sections of the agreement or merely state, in broad terms, how long the agreement lasts. You need to provide specific details about what happens at the end of the established license period. For example, you should address what happens if the parties take no further action. Does the licensing agreement automatically terminate, or does it automatically renew? Likewise, does the licensee pay a fixed amount or a share of their sales? Do they pay a lump sum at the beginning of the contract period, or do they pay you in monthly or quarterly installments? These are critically important questions and issues that need to be fully fleshed out in the licensing agreement.

Have Questions? Contact an Experienced Trademark Lawyer in Los Angeles Today

It is extremely important to draft a detailed, airtight trademark license agreement to help safeguard your financial and brand interests, as well as the interests of the licensee, or licensees. Hence, it is in your best interest to retain the services of a skilled and knowledgeable trademark lawyer in Los Angeles such as the professionals at Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles, California. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Different Types of Patent Searches

When an individual or business is looking to apply for a patent, they are usually surprised to discover the array of options that need to be analyzed in order to conduct a proper patent search. The reason there are multiple patent search options is because the scope of the search will be determined by the overarching reason for the search.

Generally, there are four types of patent searches that can be conducted:

Novelty (patentability) search
Freedom to Operate (FTO) search
Non-infringement search; and
Validity search

Let’s take a look at each…

Novelty Search

The most common type of patent search is the novelty search. Why? Because this type of search is initiated to help determine the likelihood of successfully getting a patent application through the United States Patent and Trademark Office (USPTO). Most startup companies engage in a novelty search to help assess whether a particular invention is actually patentable and worth the time and money to pursue a patent with the USPTO. Another benefit is that a novelty search routinely provides valuable information to inventors. For example, it can provide context and insight into other businesses competing in the same sector.

To complete a novelty search, you will need to clearly identify the invention and itemize each element and key aspect that you believe makes your invention novel and unique. Once this is done, a comprehensive search can be conducted through the USPTO database for patents and publications, Google, and other databases to assess whether any aspect of your invention has already been patented or would be considered “obvious” to the point where filing a patent application would not be worth the time, money, and energy.

Freedom to Operate Search

A Freedom to Operate (FTO) search (also known as a Clearance search), helps determine whether it would be prudent to commercialize a particular product in light of current products that have enforceable patent rights. The FTO search would determine whether you have the freedom to operate and commercialize an invention without a major risk of getting sued for patent infringement. If, for example, a Freedom to Operate search locates information that indicates a risk of patent litigation, you can assess whether to abandon the commercialization of the proposed invention, engage in a redesign, or possibly reach out to the owner of the patent and negotiate a licensing agreement.

Non-infringement Search

A non-infringement search, much like a Freedom to Operate search, is generally pursued to help determine if a proposed invention could infringe on an already-active patent. However, this search is unique in that it focuses on a specific patent, or set of patents, that have been previously identified as relevant to your invention. Engaging in a non-infringement search is generally recommended when a new product, process, or technology is created but is known to be similar to an existing patented product, process, or technology. This is especially true when there are known and recognized competitors with enforceable patent rights.

Validity Search

The validity search is considered to be the rarest form of patent searches. It is typically only pursued in the context of patent litigation where a defendant, or potential defendant, in a patent infringement lawsuit is seeking information that could be used to invalidate a particular patent thereby nullifying that patent owner’s legal rights.

Need Help with Conducting a Proper Patent Search? Contact an Experienced and Respected Patent Attorney in Los Angeles Today

As noted above, there is an inherent level of complexity associated with even attempting a patent search. To help ensure the search is done correctly and thoroughly, contact the highly reputable patent attorneys at Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

Proper Preparation is Key Before Taking Legal Action

Filing a lawsuit that alleges patent infringement is a serious matter. The outcome of the legal action can have significant financial ramifications for both the prevailing party and the losing party. This is why proper preparation is absolutely critical. When a party fails to invest the time to properly prepare, there can be significant legal consequences and remedies that can be levied by a court.

Recoverable Attorney Fees in “Exceptional” Cases

According to 35 U.S.C. § 285, attorney fees can be awarded in “exceptional” patent infringement cases. You may be asking yourself, “what exactly is an exceptional infringement case?” Well, an exceptional case is determined by the court and is typically based on the totality of the circumstances. A patent infringement case can be considered exceptional because of a substantive legal position or because one of the party’s utilized unreasonable litigation tactics. In many instances, courts have awarded attorney fees to a prevailing defendant when the plaintiff was not justified in filing the patent infringement lawsuit in the first place.

An example of a court ordering attorney fees as a result of poor preparation can be found in ThermoLife International LLC v. GNC Corp., 922 F.3d 1347 (Fed.Cir. 2019). In this case, the District Court for the Southern District of California awarded attorney fees to the defendant because the plaintiffs did not adequately investigate the issue of the defendant’s alleged infringement prior to filing the infringement lawsuit.

For context, ThermoLife licensed four patents from Stanford University. The patents covered specific compositions of amino acids. The patents also covered a unique method for using those amino acids that promoted vascular function and improved performance in individuals. Subsequently, ThermoLife alleged that GNC infringed on these patented amino acid compositions and methodology.

Here is the problem – ThermoLife did not conduct the necessary pre-suit investigatory work before taking legal action. In fact, the defendants in the lawsuit went so far as to say that if ThermoLife simply took the time to read the labels on the defendants’ products and performed simple tests, then ThermoLife would have realized that no infringement took place.

A motion for attorney fees was filed pursuant to the aforementioned 35 U.C.S. § 285 and granted by the court. The Federal Circuit determined that ThermoLife failed to conduct an adequate pre-filing investigation which resulted in “objectively unreasonable” allegations of infringement. The court stated that the facts indicated ThermoLife failed to read the defendants’ product labels and or conduct basic testing. The court went further and described the pre-filing investigation of ThermoLife as “severely lacking” which led to the filing “frivolous claims.” ThermoLife appealed the award of attorney fees. However, the Federal Circuit Court of Appeals affirmed the district court’s judgement of attorney fees. Ouch.

Takeaway

The lesson from the ThermoLife case is fairly clear – take the time to conduct a sufficient pre-filing investigation of infringement before deciding to actually move forward with a patent infringement case. If you skimp on the pre-filing investigation, it can come back to haunt you in the form of a large award of attorney fees for opposing counsel.

Need Answers to Questions About Potentially Filing a Patent Lawsuit? Contact the Omni Legal Group Today

If you have questions related to filing a patent lawsuit, whether you have a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, it is in your best interest to obtain the counsel of a highly reputable patent litigation attorney such as the Omni Legal Group.

Omni Legal Group is a premier Patent, Trademark, and Copyright law firm with offices in Los Angeles, Santa Monica, and Beverly Hills. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

How are patent term adjustments calculated?

If you encounter a delay during a patent prosecution, you have the ability to seek a Patent Term Adjustment (PTA). If your PTA request is approved, you will receive an extension of time on the standard patent term. This type of extension is sought most often with products that have long regulatory approval lifecycles. A common example is a company that holds a patent on a pharmaceutical drug.

The onus for offering PTAs in the United States can be traced back to the adoption of the General Agreement on Tariffs and Trade in 1995. The U.S. adopted GATT in an effort to harmonize the U.S. patent term with other developed countries. This is why the patent term in the U.S. is now limited to 20 years from the earliest effective filing date. However, this also means that any delays during examination would erode a patent’s period of enforceability. This exposes a patent applicant to losing potentially millions of dollars or more. When the U.S. adopted GATT, the burden was placed on the applicant to avoid delays during examination. This meant a delay caused by the USPTO could cost an applicant days or years of patent term without any recourse. Congress created the PTA to remedy this issue.

The objective of a PTA is to modify the patent term in an effort to compensate for a delay caused by the U.S. Patent and Trademark Office (USPTO) during the patent examination process. In basic terms, the calculation used for a PTA is taking the number of days of USPTO delay and subtracting the number of days that the application has been delayed.

Acceptance of Patent Term Adjustment

It is not possible to obtain a PTA randomly. There need to be specific factual scenarios in order to qualify for a PTA. Such scenarios include:

When the USPTO failed to issue a notice within fourteen months after the application filing date
When the USPTO failed to respond to an applicant’s Reply within four months
When the USPTO failed to respond to a decision rendered by the Patent Trial and Appeal Board (PTAB) within four months
When the USPTO failed to issue a patent within four months after the issue fee is paid

Petition for PTA Correction

The amount of time afforded under a PTA is initially determined by the USPTO. However, if you are unhappy with the PTA calculation provided, you have the option to file a petition for reconsideration. Bear in mind that you would need to file this petition no later than two months from the date the patent was issued. However, this deadline can be extended by up to five months if you agree to pay certain extension fees.

**Have Questions? Contact an Experienced Patent Attorney in Los Angeles Today**

If you have questions about the laws and regulations governing patents, take action by contacting the highly reputable patent attorneys at Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm with offices in Los Angeles, Santa Monica, and Beverly Hills. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

How Effective is a Provisional Patent?

The process of filing the necessary paperwork and materials for a patent application is time-consuming and potentially labor intensive. When a company does not have the luxury of time on their side, they may consider filing a provisional application that enables the company to legally use the phrase “patent pending” for their intellectual property.

A provisional patent enables you to establish an early filing date for your patent by supplying only basic information about your invention. For example, unlike non provisional patents, which require claims, when you file a provisional patent application, you only have to provide specifications on the invention. This information can be provided in virtually any format. Those specifications will not undergo any type of review by a U.S. Patent and Trademark Office (USPTO) examiner.

When a provisional patent is secured, it provides you with a full year to file the standard, non provisional patent application. Although a provisional patent is only preliminary (i.e., not a full patent) it still offers the same intellectual property protections as a full patent in that it effectively reserves your invention’s space in line. As a result, you are provided some time to complete other necessary tasks without having to worry that other individuals or companies will infringe on your invention in the interim.

Provisional Patents vs. Non-Provisional Patents

A provisional patent is not actually a patent. It simply allows you to start using the term “patent pending” to refer to your invention and to preserve your intellectual property rights while you decipher when to file the full patent application.

When you pursue a non provisional patent, all documents and materials must be formalized and ready for review, including formal patent claims and other disclosure documents.

Advantages

There are generally two advantages associated with securing a provisional patent. The first advantage is that it allows you to establish an early filing date for your intellectual property. This provides you time to secure funding for your invention and otherwise develop the technology before you finalize your invention. The second advantage is that a provisional patent is far less expensive and time-consuming to file, as opposed to a non provisional patent application.

When it comes to patents, time is extremely important. This is because the United States is a “first to file” country. This means that whoever files for the patent first receives the intellectual property protections, regardless of who had the idea first. Hence, it is extremely important to begin filing for a patent – or a provisional patent – as soon as possible.

Potential Problems

One of the potential problems with pursuing a provisional patent is that you need to get it right the first time. As mentioned, when someone is pursuing a provisional patent, time is usually not on their side so the paperwork for the provisional patent needs to be filed correctly. While you only need to specify the technical specs and drawings related to your invention, any inaccuracies or issues could potentially undo the protections that the provisional patent application would otherwise provide.

One of the best ways to avoid these potential problems is to retain the services of an experienced patent lawyer such as the highly reputable Omni Legal Group.

Is a Design Patent a Viable Option?

Should you pursue a design patent or a utility patent? Or should you pursue both? Which is the best choice to protect your intellectual property? These are important questions that needs to be answered early on in the process. Many professionals believe a utility patent is the better option, but there are actually a number of advantages associated with holding a design patent.

What Exactly is a Design Patent?

Many professionals and companies opt for utility patents since they generally protect the technical aspects and use of specific forms of intellectual property. In contrast, design patents focus on protecting the “ornamental elements” and appearance of a functional item. Basically, a design patent will protect your product’s aesthetic appeal.

It is important to understand what you are getting into when pursuing a design patent. They are technically complex which means they are routinely difficult to properly file. Hence, it is in your best interest to retain the services of a respected patent lawyer.

Protections Afforded by a Design Patent

When you secure a design patent for your product, no other business can make, use, or sell a product that looks similar enough to your patented product that an “ordinary observer” might think it is your product. The “ordinary observer” standard is considered to be your average consumer, as opposed to an expert. This is important because it provides your intellectual property with strong legal protection. If you have a valid design patent and another product is infringing on your design, you have the ability to pursue damages and to have a court halt the sales of the knockoff.

If you want to see design patents being put into action, consider recent litigation filed by Oakley, Inc., Fitness Anywhere LLC, and other companies. According to Bloomberg Law, these U.S. companies are enforcing their design patent rights to take on knockoff products that are being sold online through Amazon, eBay, etc. They filed patent infringement lawsuits against a myriad of overseas importers alleging they are selling fake goods from China and other foreign countries.

Companies are turning to design patents to protect their brands and products largely because the sellers of fake goods have become more sophisticated and are shipping knockoffs without logos, which thereby increases the odds they avoid seizure at the border and make it more difficult for a legitimate company to file a trademark lawsuit.

**Have Questions? Speak to an Experienced Patent Lawyer Today**

If you are interested in pursuing a design patent, it is extremely important to submit the necessary paperwork and application materials to the U.S. Patent and Trademark Office in a timely manner. Hence, the services of a highly reputable patent attorney, such as the Omni Legal Group, is essential for a successful outcome. Our legal team works tirelessly to find the right intellectual property type to protect your invention. Whether you need a design patent, utility patent, or plant patent application, we will do what it takes to get the patent application approved as efficiently and effectively as possible. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm with offices in Los Angeles, Santa Monica, and Beverly Hills. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.

How do you report trademark infringement?

Steps to Report Trademark Infringement

It is an all-too-common scenario – you are surfing the Internet searching your company and your products when you stumble upon another business using a name or logo that is very similar to yours and reaping financial benefits from that very similar name or logo. If you find yourself in this situation, your mind may be flooded with questions and concerns, including: who should I report this apparent trademark infringement to?

Take Time to Assess the Situation

You may be surprised to learn that the first rule of handling a potential trademark infringement is to do nothing. For example, you should NOT contact the company. Also, you should NOT send an angry or agitated message through any social media platforms. Instead, you should immediately contact an experienced and knowledgeable trademark attorney. Why? Because a trademark lawyer can assist you in evaluating your legal rights and the best path forward.

What Constitutes Trademark Infringement?

Trademark infringement occurs when someone who is not the established owner of a trademark uses your mark, or one very similar to your mark, in connection with goods and services similar or related to those offered by you in an unauthorized manner. It is also important to understand that infringement occurs when the other party utilizes the trademark in a manner that would cause the following:

Consumer confusion;
Marketplace deception; or
An error regarding the source of the goods and/or services.

Intent Does Not Matter

The intention behind the infringement is irrelevant. Whether or not the imposition occurred on purpose, a trademark owner still retains the right to defend their trademark from potential confusion in commerce from its continued misuse. That being said, if the infringement is willful, the trademark owner may be entitled to additional remedies.

How To Report Trademark Infringement

You can report an allegation of trademark infringement by sending a cease and desist letter to the infringing party. The objective of sending such a letter is to potentially try and reach an amicable settlement with the infringing party prior to escalating the matter to filing a lawsuit in federal or state court.

In addition to sending a cease and desist letter, you could seek assistance through the platform where the infringement is taking place. For example, if the infringement is occurring on a third-party platform such as Amazon, Shopify or Facebook, you have the option to utilize the resources facilitated by those platforms.

Filing a lawsuit is another option of dealing with trademark infringement. It is important to understand that the primary purpose of trademarks is to limit the risk that consumers will be unnecessarily confused in commerce. As a result, the key to victory in trademark lawsuits often focuses on demonstrating marketplace deception, regardless of whether the infringement was intentional or not.

If you can successfully establish that willful infringement took place, you would likely be eligible to receive compensatory damages and reimbursement for attorney fees.

In an instance where you have become aware of infringement via a trademark application, you can also file a Notice of Opposition with the United States Patent and Trademark Office (USPTO). In such instances, your objective is to block the registration of an infringing mark.

Benefits of Retaining a Trademark Attorney

If you are looking to take action to protect your mark, then you should consider retaining the services of an experienced trademark attorney. An attorney can help you in navigating the complex trademark application process and most importantly assist in protecting your trademark from potential infringement and damage.

The reputable Omni Legal Group, is comprised of a highly respected legal team that can help you by conducting the necessary research and steps to protect your respected trademark. For further information or to schedule a consultation please contact Omni Legal Group at 310.276.6664 or visit www.OmniLegalGroup.com to learn more.

How does a business protect its brand from infringement by a third-party domain name?

Trademark Violation – Challenging a Domain Name

The protections afforded to a trademark owner are not limited to the owner’s business and brand. Those protections extend to the domain name for the website of your business. As a result, if you become aware of another business attempting to use your domain, or strikingly similar, domain, you may be able to file a formal dispute.

Domain Disputes on the Rise

It is becoming increasingly common for businesses to discover domains that are using their company information. In certain circumstances, a third party may have intentionally registered a domain using your business information in an attempt to simply profit from the domain. Basically, they register the domain in the hopes that you will find it and offer compensation in exchange for the third party selling you the domain rights. When this situation arises, trademark owners possess the right to take these domains from third parties engaging in “cybersquatting” (i.e. retaining a domain name in an effort to profit from it).

Domain Name Dispute Resolution Policy

When a domain name is registered, the Uniform Domain Name Dispute Resolution Policy (UDRP) is a mandatory arbitration process that must be utilized by the domain owner. The UDRP enables trademark registration owners to file complaints against domains that are improperly using their trademark. If the dispute is successfully resolved, the domain can then be transferred to the rightful trademark owner.

If you have reason to believe that someone is cybersquatting on a domain name that infringes on your registered trademark, you may be able to initiate legal action to obtain the rights to that domain. Here are some of the steps to file a domain dispute:

You need to choose the service through which you will file a formal domain complaint (e.g., the World Intellectual Property Organization).
Once selected, you will need to decide the number of panelists that will review the complaint.
Pay the necessary filing fees. Please note that the fees for a UDRP complaint fluctuate depending on the resolution service selected and the number of panelists appointed.

Filing a Domain Complaint

A domain complaint typically features three key elements that you must prove in order to be successful:

The trademark and domain are confusingly similar,
Why the current domain holder has no rights in the domain, and
The domain registration was done in bad faith.

Without these key points, the chances of the complainant’s success are slim.

When your complaint is filed with the arbitration service, an initial review will be conducted. The domain holder then has 20 days to file a response to your complaint. If they fail to respond, the panel will proceed with an evaluation of your complaint. If the domain holder does respond, the panel reviews the response and forwards its final decision regarding the matter to the arbitration service within 14 days. Overall, this process will take between 4-5 months to be resolved.

If your complaint prevails, the domain holder will be ordered to modify or release the domain name to you. If your complaint is not successful, the domain remains in the custody of the original registration owner.

Need Help with a Trademark, Copyright or Patent? Contact the Reputable Omni Legal Group Today

If you are concerned about a domain holder cybersquatting, it is imperative that you consult with an experienced and knowledgeable trademark lawyer as soon as possible. Omni Legal Group, is comprised of a highly respected legal team that can help you by conducting the necessary research and steps to protect your intellectual property. For further information or to schedule a consultation please contact Omni Legal Group at 310.276.6664 or visit www.OmniLegalGroup.com to learn more.

How to Enforce and Protect Your Trademark Effectively

Trademark owners often mistakenly believe that once their trademark is successfully registered, they are good to go and do not need to take any other action. It is an error made with surprising regularity by new trademark owners. Unfortunately, this is not accurate.

Here is the reality – when you register a trademark with the U.S. Patent and Trademark Office (USPTO), the maintenance responsibilities fall on you. This means that you need to take steps to protect your trademark from infringement. As a result, trademark owners need to be proactive and ensure they have an effective enforcement program in place that is ready to be deployed.

Here is another reality – the scope of your rights is largely dependent on lengths to which you are able to enforce your trademark determines the scope of their rights within that registration.

To protect your trademark effectively, you need to have a program in place that involves consistent monitoring of your mark and regular policing and enforcement within your chosen sector of the economy.

When it comes to monitoring your trademark, you should invest in setting up a service devoted to monitoring incoming applications to the USPTO database. These services notify you if any new applications are extremely similar to your mark and enable you to take action against any that may infringe upon your trademark rights.

In addition to effective monitoring, you also need to establish an enforcement regimen that can be deployed quickly and will ultimately protect your trademark rights. In order to police and protect your trademark, you need to develop a strong understanding of the potential types of infringement that could occur. For example, there are different forms of infringement – incidental infringement and nefarious infringement.

Thus, rigorous and consistent enforcement is key, and as you have probably noticed that an effective enforcement regimen cannot be done by a single person. You need to invest in the resources that will allow you to effectively monitor and police your mark while affording you the time to focus on growing your business.

If you have questions about the scope of your trademark rights or need to discuss a potential infringement matter, contact the reputable Omni Legal Group to schedule a confidential case review at 855.433.2226. We are one of the preeminent trademark law firms in Los Angeles and have earned a reputation for providing effective legal advice for trademark applicants, trademark owners, inventors, and other innovators. You can be rest assured that the skilled attorneys with Omni Legal Group will give you the time and attention you deserve. For further information please visit www.OmniLegalGroup.com.