What is the protection afforded by a trademark?
A trademark is a type of intellectual property law that protects words, phrases, symbols, and designs that identify the source of a product or service. In California, trademarks are essential for businesses to safeguard their reputation, products, and services. The main protection that a trademark provides is that it prevents other companies from creating confusion among the public. If a company tries to use a trademark that is already registered, they risk being sued. Businesses can also be sued for using a trademark that looks or sounds similar to another business’s trademark, even if that business is not in the same field of industry. Furthermore, trademarks protect the goodwill and reputation of business. A registered trademark can give customers confidence that the product or service they purchase is of good quality and is reliable. In addition, a trademark gives the owner exclusive rights to the brand name or logo and allows the owner to easily combat counterfeit products. Finally, trademarks can be used to license products and services. A licensing agreement allows a company to use a trademark in exchange for payment or other forms of compensation. This is beneficial to both companies because the trademark owner can ensure that their brand remains distinct while the licensee benefits from the established recognition that a trademark offers.
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