Trademark Law

California Trademark Lawyer

Trademark Search and Registration | Misappropriation Litigation

The Law Office of David Barrett in Sacramento represents companies of Northern California in obtaining and enforcing their trademark rights, and also can defend companies facing unmerited claims of infringing on a trademark.

Registering a Trademark

A trademark can be a distinctive company name (The Prudential), logo (Mutual of Omaha), symbol (the Nike swoosh), marketing phrase (Subway's "Eat Fresh") or combination thereof. A company establishes a trademark by the mere act of doing business, so some legal protection is available without having to register the trademark.

Formally registering a trademark anticipates statewide or interstate commerce, preventing companies in other markets from using the same or similar. David S. Barrett is an experienced trademark law attorney. He assists companies of Sacramento County and surrounding counties with the time-intensive trademark search, provides a legal opinion on availability, and facilitates application to the U.S. Patent and Trademark Office.

Please see our Trademark Flowchart

Trademark Infringement Claims

A company's federal trademark rights are retroactive to the date of filing. If a competitor is found to be infringing on your branding, the Law Office of David Barrett can advise on harm to your business and pursue escalating remedies:

• Cease and desist letters
• Temporary restraining orders and permanent injunction
• Suing the infringer for damages

Even if you have not registered your trademark, competitors within your geographic locale can be sued for infringement for intentionally copying your branding.

Defending Infringement Claims

If your company has been sued for copying or diluting a trademark, Mr. Barrett does the research and explores defense arguments:

• The trademark is not registered
• The alleged likeness is weak
• You are not in competition and there is no economic harm
• Concurrent use (you were using the name or mark before they registered it)

If you have spent time, money and effort to create a distinctive brand identity for your product or services, you will also want a skilled trademark lawyer to protect your trademark or defend against wrongful accusations of infringement. Contact the Law Office of David Barrett through this Web site or at 916-440-0233.