San Diego Copyright Attorneys & Lawyers

Key Takeaways

• Trademark counterfeiting involves using a registered mark on goods or services identical to legitimate ones, deceiving consumers and damaging brand value.
• The Lanham Act and the federal Trademark Counterfeiting Act (18 U.S.C. § 2320) impose both civil and criminal penalties for counterfeit activities.
• Civil remedies may include statutory damages, treble damages, attorney fees, and ex parte seizure of counterfeit goods.
• Criminal penalties can include imprisonment up to 10 years and fines up to $2 million for individuals, and up to $5 million for corporations.
• Businesses should actively monitor supply chains, use customs recordation, and implement brand pro

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Key Takeaways

• A service mark identifies and distinguishes services, while a trademark protects products.
• Service mark examples include names, slogans, logos, and even sounds associated with service providers.
• Many companies hold both trademarks and service marks (e.g., Amazon, Starbucks, McDonald’s) depending on whether they offer products, services, or both.
• Registering a service mark with the USPTO gives legal protection, prevents infringement, and strengthens brand credibility.
• Modern complications include online branding, domain names, and expanding services across digital platforms.
• Common mistakes inc

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Key Takeaways

• A trademark checklist ensures you follow every essential step in developing, filing, and maintaining trademark rights.
• Start with a distinctive mark that’s not generic or descriptive, and confirm its availability through a comprehensive trademark search.
• Prepare and organize all required documents, such as identification proofs, business details, and trademark specimens, before applying.
• Respond promptly to USPTO Office Actions to avoid delays or rejection.
• Protect your mark through consistent use, active monitoring, and timely renewals to maintain exclusivity and avoid abandonment.

Trademark Checklist: How to Register and Maintain Trademark

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Key Takeaways

• Trademark symbols include ™ (unregistered/common law), ® (registered), and ℠ (service mark).
• The ™ symbol’s Unicode is U+2122, and it can be inserted using keyboard shortcuts, HTML entities, or copy-paste.
• Using trademark symbols provides notice of rights, deters infringement, and strengthens legal claims.
• Overuse of symbols may clutter designs, but strategic placement ensures clarity without disrupting branding.
• Different countries have varying rules for symbol usage; misuse abroad may lead to unfair competition claims.

What Is a Trademark Symbol?

There are two main trademark symbols: ™ (HTML: &amp#8482; or &

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