Best Trademark Lawyers in California

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Focus Law LA
Anaheim, United States

Founded in 2003
2 people in their team
English
Based in Orange County, Focus Law is a premier business litigation firm trusted by entrepreneurs and business owners across Southern California. For over 20 years, we’ve helped clients overcome complex legal challenges—from partnership disputes and shareholder conflicts to contract breaches and...
Fennemore Craig, P.C.
Bakersfield, United States

Founded in 1885
363 people in their team
English
For 135+ years, Fennemore has provided legal counsel to help clients thrive in a complex, evolving business and legal landscape. We deliver forward-thinking advocacy to generate value for clients and help them keep pace with the rate of change by protecting legal interests and identifying...
Fenwick & West LLP
Mountain View, United States

Founded in 1972
1,118 people in their team
English
Fenwick & West LLP provides comprehensive legal services to ground-breaking technology and life sciences companies - at every stage of their lifecycle - and the investors that partner with them. We craft innovative, cost-effective and practical solutions on issues ranging from venture capital,...
Cohen IP Law Group PC

Cohen IP Law Group PC

15 minutes Free Consultation
Beverly Hills, United States

Founded in 2005
5 people in their team
English
Japanese
Croatian
French
Cohen IP Law Group, PC is a premier law firm renowned for its expertise in intellectual property (IP) law. Founded on principles of excellence, integrity, and innovation, the firm offers an extensive array of legal services designed to protect and enforce the intellectual property rights of its...
Howard & Howard Attorneys PLLC
Beverly Hills, United States

Founded in 1869
304 people in their team
English
Howard & Howard is a full-service law firm with a national and international practice that provides legal services to businesses and business owners. The firm has offices in Royal Oak, Michigan; Illinois (Chicago and Peoria); Las Vegas, Nevada; and Beverly Hills, California. From our...
Newport Beach, United States

English
The Law Office of Xiaomin Hu, P.C., founded by attorney Xiaomin (Samantha) Hu, is a boutique immigration law firm based in California. The firm specializes in employment-based immigration petitions, including EB-1A, EB-1B, EB-1C, NIW, EB-2, EB-3, and EB-5 categories, as well as non-immigrant work...
Greenberg Traurig, LLP.
Los Angeles, United States

Founded in 1967
2,300 people in their team
English
Five decades ago, while at lunch in a South Florida deli, attorneys Larry J. Hoffman, Mel Greenberg, and Robert Traurig saw an opportunity to establish a new breed of law firm for South Florida; a firm that mirrored a New York style firm. In 1967, they founded the law firm Greenberg Traurig...
BG Law
Woodland, United States

Founded in 1987
200 people in their team
English
At BG Law we listenWe are more than attorneys - we are dealmakers. We leverage our business backgrounds and creative insight into the most sensible advice and counsel for clients. Many of our attorneys are former bankers, accountants, business owners and professionals, who call upon years of...
Nye, Stirling, Hale Miller & Sweet, LLP
Santa Barbara, United States

Founded in 1989
15 people in their team
English
Nye, Stirling, Hale, Miller & Sweet LLP is a civil litigation firm with a national reputation for pursuing complex, high-stakes matters on behalf of individuals and institutions. The firm focuses on litigation in areas including education, employment, civil rights, intellectual property, consumer...
Cox Wootton Lerner Griffin Hansen & Poulos LLP
San Francisco, United States

Founded in 1997
24 people in their team
English
ValueOur San Francisco lawyers are experienced in handling a wide variety of cases, including complex, high-exposure, document-intensive litigation and transactions. It is in just such high-exposure, complex cases that we often are able to deliver legal expense savings to clients, since we have...
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About Trademark Law in California, United States

Trademark law is designed to protect names, logos, symbols, and other distinctive elements that identify the source of goods or services. In California, trademarks provide business owners and individuals with exclusive rights to use certain marks in commerce, helping consumers distinguish between competing products or services. While U.S. federal law primarily governs trademark protection through the United States Patent and Trademark Office (USPTO), California also has its own set of laws that allow for state-level trademark registration and enforcement. This dual system ensures that businesses operating within California have robust legal mechanisms to protect their brand identity.

Why You May Need a Lawyer

Trademark issues can be complex and often require the expertise of a lawyer to navigate successfully. Common situations where legal help may be necessary include:

  • Conducting a trademark search to ensure your desired mark is available and not infringing on another's rights
  • Registering a trademark at the state or federal level
  • Responding to cease and desist letters or infringement claims
  • Enforcing your trademark rights against unauthorized use
  • Defending against opposition during the trademark application process
  • Handling disputes or litigation related to trademark infringement
  • Transferring, licensing, or selling trademark rights

An attorney can help avoid costly mistakes, protect valuable intellectual property, and ensure compliance with both state and federal trademark laws.

Local Laws Overview

California has its own trademark registration system, managed by the California Secretary of State. State-level protection is available for marks used exclusively within California or as an additional layer of protection alongside federal registration. Key aspects of California trademark law include:

  • Registration is not required for protection, but it offers legal advantages and public notice of claim
  • California recognizes both registered and common law (unregistered) trademark rights based on use in commerce
  • State registration can be pursued online or via mail with the Secretary of State
  • Remedies for infringement under California law include injunctions, damages, and recovery of profits
  • California Business and Professions Code Section 14200 et seq. governs state trademark laws
  • Trademark rights are territorial, so state registration does not confer rights outside California’s borders

Understanding these local nuances is essential for businesses and individuals operating in California.

Frequently Asked Questions

What is a trademark?

A trademark is any word, logo, symbol, slogan, or design that identifies and distinguishes the source of goods or services. It helps consumers recognize brands and ensures that businesses can build and protect their reputation and goodwill.

How do I register a trademark in California?

You can apply for state trademark registration with the California Secretary of State by submitting an application form, a specimen of your mark as used in commerce, and the required filing fee. You should first conduct a search to ensure your mark is not already in use by someone else.

Is federal trademark registration necessary if I register in California?

No, but federal registration through the USPTO offers broader rights and protection across the entire United States. If you plan to do business outside California or online, federal registration is often recommended.

What is the difference between trademark, copyright, and patent?

Trademarks protect brand identifiers like names and logos. Copyrights protect original creative works like art and literature. Patents protect new inventions and innovations. Each serves a different purpose within intellectual property law.

Can I register a trademark for free?

There are no free options for official trademark registration. Both state and federal registrations require payment of filing fees. However, you gain some trademark protection based on use in commerce without registration, known as common law rights.

How long does California trademark registration last?

California state trademark registration lasts for five years from the date of registration. It can be renewed by filing a renewal application and paying the corresponding fee.

What can I do if someone is using my trademark?

If you believe someone is infringing on your trademark, you can send a cease and desist letter, negotiate a resolution, or take legal action. An attorney can help you assess your options and enforce your rights.

What is trademark infringement?

Trademark infringement occurs when someone uses a mark that is confusingly similar to yours in connection with related goods or services, causing a likelihood of confusion in the marketplace.

How do I avoid infringing on someone else’s trademark?

Conduct a comprehensive trademark search before using or registering your mark. Consult with an attorney to evaluate any potential conflicts and determine if your proposed mark is clear to use.

Can I sell or license my trademark?

Yes, trademarks are assets that can be sold, assigned, or licensed to others. Proper legal agreements should be drafted to protect your interests and clearly outline the scope of the rights being transferred or licensed.

Additional Resources

Several organizations and governmental bodies provide helpful information and services related to trademarks in California:

  • California Secretary of State - Trademark and Service Mark Registration Unit
  • United States Patent and Trademark Office (USPTO)
  • California Lawyers Association - Intellectual Property Section
  • Small Business Development Centers (SBDCs) in California
  • Local bar associations for attorney referrals

These resources offer guidance on the trademark process, provide application forms, and can help you find legal assistance.

Next Steps

If you believe you need help with a trademark issue, start by gathering any relevant documents, such as proof of your mark's use in commerce, any registrations, or correspondence related to disputes. Consider conducting a preliminary search to check for similar trademarks. Reach out to a qualified trademark attorney familiar with California and federal law to discuss your situation and legal options. A lawyer can guide you through the complexities of trademark law, assist with registration, resolve disputes, and protect your brand for the future.

Taking timely and informed action is key to safeguarding your brand and ensuring compliance with California’s trademark laws.

Lawzana helps you find the best lawyers and law firms in California through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trademark, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in California, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.