Litigation and Enforcement Attorneys in San Diego
With millions of new businesses being created daily, there is always a chance that someone may accidentally copy your branding or you may mistakenly infringe on another’s trademark. The trademark enforcement attorneys at Trestle Law can help you protect your current business and assist new business owners in devising and protecting their intellectual property (IP) going forward.
How Do I Protect My Brand Against Trademark Infringement?
Protecting your brand against trademark infringement requires diligence. If an infringement occurs and goes unchecked for too long, the other party can gain certain rights to use the same mark. Another scenario that can cause irreversible damage is the overuse of similar marks, which can weaken your trademark and lower your chances of being able to enforce any rights. In other words, by not actively managing and policing your trademarks, you risk losing them altogether.
You also cannot count on the government to watch out for trademark infringement. As a business owner, you must stay proactive in protecting your brand. Start by setting up Google Alerts for your trademark(s) and review each one that arises for infringement.
Consult with a trademark attorney about what else you can do to monitor your marks. Trestle Law offers trademark monitoring services to help with this, remaining alert to any attempt to register the same mark or one with a likelihood of confusion with the USPTO and more.
Whenever it appears that someone else is infringing on your trademark, you and your attorney need to take immediate action. This can begin with sending a cease-and-desist letter and may even result in trademark protection litigation at some point.
Our Trademark Enforcement Services cover
-

State and Federal Trademark Prosecution
We represent clients throughout the registration process with the USPTO. The legal services we provide include clearance searches and application prep and filing. We act as your trademark attorney of record, providing regular updates and promptly responding to any office actions that may follow. If necessary, we also will go before the Trademark Trial and Appeal Board (TTAB). As for our fees, we offer fixed fee packages with no hidden attorney fees. Choose what you need, or go with the deluxe package, where we cover all trademark services so you can continue to focus on building your business.
-

Monthly Trademark Enforcement
Trestle Law can help protect your registered or pending trademarks against infringement with our monthly trademark enforcement service. This service includes robust trademark monitoring with top-notch software. With it, we can determine when others infringe upon your trademark and notify you so you can take action immediately. As part of our monthly trademark enforcement efforts, we can also send cease-and-desist letters to infringers and, if necessary, represent you in litigation.
-

Cease and Desist
If another business entity or individual infringes upon your IP, trademark owners can send a cease-and-desist letter. Our law firm will start this for you by evaluating the situation and then composing and sending a cease-and-desist letter to the trademark infringer. For clients who receive a cease-and-desist letter from someone else, we are also here to help. Our legal team will start by thoroughly evaluating your case and any claims made against you. Guided by trademark law, we will then determine what strategy to take next.
-

Litigation
With our team’s experience in trademark enforcement, we can initiate litigation on your behalf or defend you should you find yourself in an infringement lawsuit. A key issue often found in trademark litigation is something referred to as the existence of a “likelihood of confusion,” which occurs when consumers in the marketplace mistake a particular brand for another. Several factors will need to be proven in federal court to show such likelihood exists. Our law firm knows what these are and how to prove or disprove them on your behalf.
-

International Registrations
Whether you currently do business in more than one country or plan to start, you will want to protect your trademark here in the U.S. and abroad. At Trestle Law, we can be your contact point when dealing with worldwide registrations. This is helpful because every country has its own laws and rules regarding intellectual property, which most business owners will find difficult to juggle. Whether you are a San Diego business or originate in another country, find out how we can help.
-

Trademark Clearance Searches and Assessments
Trestle Law utilizes top-notch software to conduct trademark searches and provides reporting and analysis just for you. With this information, you can make a better-informed decision for your business. In addition, we offer our clients access to strategy sessions with a San Diego trademark attorney. These sessions will help you understand what needs prioritizing when it comes to your trademark portfolio. Filing for every mark you want to use may not be financially feasible, and with a strategy session, we can help you narrow the list down so you can focus on the ones that will benefit you the most.
What Our Clients Are Saying
Get In Touch
Ready to protect your business identity with San Diego’s leading Trademark lawyer at Trestle Law? Contact us today to schedule a consultation