Law
Office of
Michael D. Eisenberg INTELLECTUAL
PROPERTY LAW
Michael
D. Eisenberg
Patent Attorney
3263 Caminito Eastbluff, Suite 198
La Jolla, California 92037
Phone: (858) 812-0820
Email: info@mdepatents.com
Patent Attorney
3263 Caminito Eastbluff, Suite 198
La Jolla, California 92037
Phone: (858) 812-0820
Email: info@mdepatents.com
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 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 on to 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
• 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
About Michael Eisenberg
Mr. Eisenberg is a U.S. Patent & Trademark Office licensed patent attorney and specialist in intellectual property law. He represents clients with industries in the mechanical and electrical arts, including medical device, software, business methods and e-commerce.
Mr. Eisenberg holds a law degree of the UCLA School of Law, a Master of Science in Biomedical Physics from the UCLA School of Medicine and a Bachelor of Science in Physics from UCLA. While pursuing his graduate and professional studies, Mr. Eisenberg was a section instructor at UCLA for undergraduate courses in the physics department. In graduate school, his concentration included work with 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, more recently, at a 500-plus attorney international law firm.
Michael Eisenberg is registered to practice patent cases in all 50 states and territories in the United States and is a member of the State Bar of California.
Mr. Eisenberg is a U.S. Patent & Trademark Office licensed patent attorney and specialist in intellectual property law. He represents clients with industries in the mechanical and electrical arts, including medical device, software, business methods and e-commerce.
Mr. Eisenberg holds a law degree of the UCLA School of Law, a Master of Science in Biomedical Physics from the UCLA School of Medicine and a Bachelor of Science in Physics from UCLA. While pursuing his graduate and professional studies, Mr. Eisenberg was a section instructor at UCLA for undergraduate courses in the physics department. In graduate school, his concentration included work with 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, more recently, at a 500-plus attorney international law firm.
Michael Eisenberg is registered to practice patent cases in all 50 states and territories in the United States and is a member of the State Bar of California.