Bakersfield Trademark Attorneys & Lawyers

How Can You Learn How to Do a Trademark Search?

Learning how to do a trademark search involves knowing how to conduct research to make sure others don't already own a mark you intend to use for your own products or services. Before you use a mark in commerce or attempt to register the mark with the United States Patent and Trademark Office (USPTO), you should do a trademark search.

While you can do a preliminary trademark search on your own, a lawyer can help you with the process.

If you're trying to create or register a trademark for your products or services, you probably have some ideas. However, c

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Copyrights, trademarks, patents, and licenses are each a different form of intellectual property (IP) rights protection recognized by U.S. law. The distinctions among them can be subtle and often the same product or service may involve more than one of these IP rights. How can you tell them apart when deciding how to protect your company’s assets? Here’s how.

Copyrights

Copyright protects the rights of “authors” in their original creative works. Copyrightable works include artistic creations, like novels, paintings, films, and songs, but also business-related works like software code, website designs, architectural drawings, marketing reports, and product manuals.

The author of a copyrighted work has the exclusive right to:

• Reprodu

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What Is a Cease and Desist Letter?

A cease and desist letter does not automatically signify a lawsuit. It is simply a warning about illegal behavior that lets you know that further penalties could follow if the behavior, such as patent infringement, doesn't stop.

Here are some ways it is possible to violate the intellectual property of another:

• Plagiarizing someone's work
• Using an invention without the right to access it
• Engaging in illegal or suspicious activity that involves someone's work

The first step that you can take to address these issues is to send a cease and desist letter. This letter puts the person in violation on notice that they are engaging in illegal use of a property. It advises them to stop, or further action

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A trademark cease and desist letter asks a third party to stop using a trademark in commerce. Failure to do so can lead to a lawsuit, legal action, and fees. Whether you send or receive a cease and desist letter, consult an attorney to determine the right course of action for your situation.

Why Is Trademark Cease and Desist Important?

Trademarks protect any of the following that's directly related to a company and its products or services:

• Unique business names
• Slogans or catchphrases
• Logos
• Domain names
• Other intellectual property

Since trademarks are used in commerce, they are important for protecting your business and its livelihood.

The United States Patent and Trademark Office (USPTO) registers federal trademarks for interstate commerce. The Lanham Act, also known as the Trademark Act, governs trademarks.

A trademark gives the owner exclusive rights to u

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Trademark Class 41 includes education and entertainment services, such as:

• The training of people or animals
• Sporting and cultural activities
• The presentation of art and literature

Class 41 is one of the 45 classes used by the United States Patent and Trademark Office (USPTO). Each class designates a category of goods or services.

Why Are Trademark Classes Important?

Trademarks protect intellectual property (IP) rights for commercial elements, such as:

• Business names
• Slogans
• Phrases
• Logos
• Goods or services

When you receive a trademark registration, you gain exclusive rights to use the mark on commercial services in specific settings.

As a general rule, trademarks don't grant the owner exclusive rights to use the mark on every imaginable service. Instead, the scope of your trademark is as limited as you make it.

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