Michael D. Eisenberg MS, JD
Patent Attorney
1991 Village Park Way, Suite 202C
Encinitas, California 92024 U.S.A.
Tel US: (858) 812 - 0820 or (858) 866 - 8540(中文)

e-mail: info@mdepatents.com


The Law Office of Michael D. Eisenberg
Patent - Trademark - Copyright



Patent Attorney
Michael D. Eisenberg

 

 

Mr. Eisenberg is a U.S. Patent & Trademark Office licensed patent attorney and specialist in intellectual property law. He represents clients in industries in the mechanical and electrical arts, including medical device, software, business methods and e-commerce. Mr. Eisenberg consults with clients in building their IP porfolios, developing and implementing IP stategies in the US and internationally. Mr. Eisenberg holds a law degree from the UCLA School of Law, a Master of Science degree in Biomedical Physics from the UCLA School of Medicine, and a Bachelor of Science degree in Physics from UCLA. While pursuing his graduate and professional studies, Mr. Eisenberg served as an instructor at UCLA for undergraduate courses in the physics department. His graduate work focused on medical radiation devices such as medical accelerators and medical imaging, and studies in radiation biology. Following completion of his legal education, Mr. Eisenberg was an associate in an intellectual property specialty law firm, and at a general practice international law firm. Mr. Eisenberg is registered to practice in patent cases in all 50 states and territories of the United States and is a member of the State Bar of California.

Trademarks

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The law pertaining to these two kinds of marks is nearly indistinguishable.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the US Patent and Trademark Office (USPTO).

Trademark rights arise from use of the mark, not from registering it. Even without a registration, one acquires rights. So why seek a registration? Registration confers the following advantages onto the holder:

• constructive notice to the public of the registrant's claim of ownership of the mark

• a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration

• the ability to bring an action concerning the mark in federal court

• the use of the U.S registration as a basis to obtain registration in foreign countries

• the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods

• Other non-legal benefits, such as a better bargaining position with a advesary or potential buyer