Intellectual Property Lawyer

The ability of any business to set itself apart from the competition hinges on its creativity, innovation and the strength of its products or services.  Maintaining these distinctions depends on its ability to build a recognizable brand, foster its growth, and to protect it against encroachment.   We understand that protecting your intellectual property rights is crucial to the success of your business, and we can help.

Berkeley CA Intellectual Property Attorney

We offer intellectual property representation in the following areas:

  • Trademark search, registration, maintenance, renewal, opposition and infringement

A trademark is any word, term, name, design, slogan, symbol or other distinctive item that serves to specifically identify a product, create an association as to source in the minds of consumers, and assist business entities in honing their message and building a reputable brand.  While mark owners enjoy rights under the common law to use a trademark in commerce, it is only through federal registration that a business can ensure that those rights extend nationwide.  Federal registration also makes it significantly easier to deter would-be infringers and defend against claims of infringement brought by competitors.   Whether you are looking to register a new trademark or need assistance in maintaining or defending an existing trademark portfolio, the Law Office of Scott R. Dallas can offer guidance and experienced counsel in establishing and protecting your rights.

For new trademark registrants, we offer initial assistance in searching both state and federal databases to identify and anticipate confusingly similar marks, potential opposition and other hurdles in the registration process.  We work closely with our clients during the USPTO registration process itself, making sure that their application is clear, accurately prepared and finely-tuned to protect their business interests.  Proper filing is only the first step, and we can help ensure during the examination process that Office Actions from the Trademark Office are met with diligent, timely and thorough response.  We also provide representation to negotiate your position with opposing parties when formal opposition is made and provide counsel in an effort to reach an outcome, either through opposition proceedings or by way of reaching settlement or a coexistence agreement.

We are also available to provide effective assistance to owners of established trademarks.  We are available to manage your portfolio and ensure that important renewal dates are not missed, that would-be registrants of confusingly similar are opposed when necessary, and that mark infringers are called upon to cease and desist the infringing activity.  For those who do not or will not, we stand ready to provide zealous and, where appropriate, aggressive representation to protect your business assets.

  • Trademark licensing and assignment

Our Law Office offers transactional services to help your business leverage its intellectual property assets.  We can help develop clear and concise licensing agreements that will safeguard your interests while maximizing the value of your brand and promoting the growth and expansion of your business.  We are also available to assist clients who wish to transfer their proprietary rights, and will provide strong support to ensure that the terms of the assignment agreement clearly delineate the rights of the respective parties, reflect the assets’ full value and are properly recorded.

  • Unfair Competition and Trade Secret issues

While California’s unfair competition laws are generally employee-friendly, business owners do have recourse in many situations.  Where a former employee takes confidential information with them or, while still employed by the business, entices co-workers to leave the business in an effort to start a competing business, employers may have a claim for unfair competition and be able to recover damages for lost business or lost profits.  Potential unfair competition claims also include instances in which a competitor uses a logo, trade dress or advertising so similar as to piggyback on your success and deprive you of customers and profits.   Our Law Office can provide counsel to assess potential unfair competition claims and, if the situation requires, effective representation needed to protect your business.  We are also able to assist clients proactively by giving general guidance on their rights and by developing confidentiality agreements and other safeguards in order to provide protection for their businesses before problems begin.

A trade secret is confidential information that derives independent economic value from not being generally known or readily ascertainable.  Your business trade secrets, which can include formulas, compilations devices, or customer information, just to name a few, can be one of your most precious assets.  A competitor who obtains this information through improper means can be liable for damages stemming from the misappropriation.  Our Law Office can assist business owners not only take the steps necessary to keep their information confidential, but where that confidential information has been improperly acquired, can provide representation to seek relief and compensation for loss of profits.  Whether you are seeking to safeguard your intellectual property or need counsel when it has been compromised, the Law Office of Scott R. Dallas can help assess your needs and offer effective guidance to managing your trade secrets.