What Are The Elements Of California Trademark Laws?

Updated: Apr 21

What Trademarking Means For You And Your Business In California

If a trademark is infringed, the person or company who owns the trademark is likely to file a civil case against the offender. The defendant could be held accountable for a variety of damages and face state or federal penalties.

This post will talk about trademark infringement, as often handled by El Monte Business Law Attorney in California.

California business law

In California, trademark infringement is defined as the unlicensed use of a trademark to sell goods or services or promote a business.

Infringement leads to deceit or confusion regarding the source of a company's services or products. A person can infringe on a trademark intentionally or unintentionally.

What Is Considered Trademark Infringement In California?

Infringement is defined as utilizing any reproduction, counterfeit, copy, or colorable imitation of a registered mark without the registrant's authorization, according to California Business and Professions Code Sections 14320, Article 11. Infringement can take place in a variety of ways:

1. Using Trademark Without Permission

A corporation that wants to utilize a trademark must first obtain legal permission from the registrant. Consent must usually be given in writing and under the terms of a formal contract.

The registrant also stipulates the terms and circumstances under which the trademark may be used.

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2. Reproduction

Reproduction is defined in California as counterfeiting, copying, or mimicking a trademark.

For the goal of advertising a service or product, the offender may not publish any form of the trademark, whether intentionally or accidentally.