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What Are The Elements Of California Trademark Laws?

Updated: Sep 26

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.

3. Usage And Transformation

Any form of the trademark registered under the owner's name may not be knowingly used, distributed, or displayed by a firm. It may not in any way facilitate the use of the trademark without the owner's authorization.

In any case, suing for trademark infringement can be complicated. Consult with a prescreened El Monte Business Law Attorney in California to help you out.

What Evidence Do You Need?

To win a trademark infringement action, a claimant must show that they own the trademark. A business can utilize documentation to show that the trademark is registered with the United States Patent and Trademark Office (USPTO), so satisfying the lawsuit's definition of "trademark."

The claimant must then establish that the defendant's use of the trademarked content caused consumer confusion as evidence of infringement. In addition, the defendant's use of the trademark must be sufficiently similar to the original to cause consumer confusion.

For assistance with gathering ample evidence, contact an El Monte Business Lawyer to help you.

Common Defenses To Trademark Infringement

Even when the defendant is clearly utilizing the identical brand, defense cases are not always straightforward. As a result, defendants may be able to raise common defenses against the trademark owner.

An El Monte Business Law Attorney can make the following arguments:

  • The defendant was completely unaware that a trademark existed.

  • The trademark registration was bogus or incomplete.

  • The trademark was given up by the plaintiff.

  • The trademark was allowed to be used by the defendant.

  • The trademark is a product description.

An El Monte Business Law Attorney can determine whether or not an infringement allegation is valid, as well as the likelihood of a successful defense.

If the defendant is found guilty of trademark infringement, there may be possibilities for dispute resolution.

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Why Do You Need An El Monte Business Law Attorney?

An El Monte Business Law Attorney can help clients through the complicated legal system by providing legal advice and direction. In addition, they can assist their client in avoiding blunders that may jeopardize their case.

An El Monte Business Lawyer can look into the claim, gather evidence to support their client's position, devise a legal strategy, and present a persuasive case to a judge.

Attorneys can defend their clients' rights while also assisting them in achieving the best possible result in their case. A plaintiff or defendant may not have the legal power they need to win in court if they do not hire a legal counsel to help them.

Find A California Business Lawyer in El Monte

Need someone to help you trademark claims in California? is a California Bar Association Certified Lawyer Referral Service that can refer you to an experienced, prescreened Business Litigation Attorney best fit to handle your unique case.

You can contact us through our 24/7 Live Chat (or complete our submission form) for a free initial case review.

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