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Fennemore Craig, P.C.

Fennemore Craig, P.C.

Roseville, United States

Founded in 1885
363 people in their team
For 135+ years, Fennemore has provided legal counsel to help clients thrive in a complex, evolving business and legal landscape. We deliver...
English

About Trademark Law in Roseville, United States

Trademark law in Roseville, like the rest of the U.S, is governed by federal law. Trademark is a type of intellectual property that protects brands, logos, slogans, and distinctive signs that differentiate your products or services from others. It offers a legal recourse if others infringe upon your trademark rights, and it is protected under the Lanham Act, enforced by the U.S. Patent and Trademark Office (USPTO).

Why You May Need a Lawyer

Though not a requirement, hiring a lawyer is recommended for dealing with issues related to trademarks. Individuals may require legal help for tasks such as conducting comprehensive trademark searches, registering a trademark, responding to USPTO office actions, dealing with trademark infringements, and navigating potential trademark litigation. Lawyers with expertise in trademark law can help protect your brand and maintain your intellectual property rights.

Local Laws Overview

Roseville falls under the jurisdiction of federal law, which offers trademark protection throughout the United States. Nevertheless, California also has laws related to business and professions, including unfair competition that broadly complements federal laws. 'Common law' rights also exist, which protects the trademark within the local geographic area where it has been used.

Frequently Asked Questions

1. What is a common law trademark?

In the US, you have rights in a trademark simply by using it, known as a common law trademark. However, these rights are limited to the geographical area where the mark is used. Registration with USPTO provides nationwide protection.

2. How long does a trademark last in Roseville, or else in US?

A trademark registration is valid for 10 years from the registration date but can be renewed indefinitely as long as you continue to use the trademark in commerce.

3. Can I file for a trademark myself?

Yes, it's possible to file the trademark application yourself. It is recommended to hire an attorney particularly if you encounter challenges or disputes during the process.

4. What kind of trademarks can be registered?

Trademark can be a combination of words, phrases, symbols, designs, or logos that identifies and distinguishes the source of goods or services.

5. What's the difference between the (TM) symbol and the (R) symbol?

The (TM) symbol is used for common law trademarks or unregistered trademarks, whereas the (R) symbol can only be used once the USPTO has officially registered the trademark.

Additional Resources

For further resources, check USPTO's official website. The California Business and Professions Code is also useful for state-specific regulations. The Sacramento County Bar Association can assist in finding local lawyers specializing in trademarks.

Next Steps

If you need legal assistance with trademarks, consider consulting with a lawyer specialized in intellectual property. You can look for local Roseville law firms or lawyers affiliated with the California State Bar or Sacramento County Bar Association. An attorney can guide you through more complex legal processes and offer counsel on maintaining and enforcing your trademark rights.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.