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Trademark Investigation

As business and industry rapidly expand, so does the world’s need for trademark protection, a practice known as maintaining Intellectual Property Rights.

Our trademark investigative team is exceedingly proficient and knowledgeable in this unique niche of the investigation industry. We are equipped to handle all investigations into matters involving the counterfeiting of protected products and the unlawful use of trademark, copyrighted materials and other Intellectual Property Rights.

In addition to our own personnel and recourses, EPIS maintains associate numbers of the U.S. Custom Service experienced in the Office of Investigations and Commercial Operations. These individual specifically handle cases involving the illegal importation of goods protected under Intellectual Property Rights Laws.

The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (or “trademarks registry”) of a particular jurisdiction. In many jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognize trademarks rights arising through use (e.g. China or European Union). In the United States the only way to qualify for a federally registered trademark is to first use the trademark in commerce.[6] If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited. In cases of dispute, this disparity of rights is often referred to as “first to file” as opposed to “first to use”. Other countries such as Germany offer a limited amount of common law rights for unregistered marks where to gain protection, the goods or services must occupy a highly significant position in the marketplace – where this could be 40% or more market share for sales in the particular class of goods or services.

A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or “colorfully” similar to the “registered” products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. An example maybe a very large multinational brand such as “Sony” where a non-electronic product such as a pair of sunglasses might be assumed to have come from Sony Corporation of Japan despite not being a class of goods that Sony has rights in.

Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction.

To avoid conflicts with earlier trademark rights, it is highly recommended to conduct trademark searches before the trademarks office (or “trademarks registry”) of a particular jurisdiction-e.g. US Patent and Trademark Office. It may also be advisable to conduct a broader search as well, including databases that contain names of registered companies and also an Internet search to determine if the desired trademark is either already registered as a domain name or otherwise being used. The reason for this is because trademark offices typically only search issued trademarks and pending applications in order to determine whether a trademark should issue. For business reasons, however, an applicant may want to consider a different trademark even if it could be registered if the domain name is taken or other businesses are using the trademark as an unregistered name or slogan.

In the United States, obtaining a trademark search and relying upon the results is also very important because it can insulate the applicant from any future finding that you willfully infringed the trademark of another. Essentially, if you obtain a search and in good faith feel the use of a mark would not be infringing it will be virtually impossible for anyone to prove later that you purposefully engaged in infringing activities.

In Europe and if a community trademark has to be filed, searches have to be conducted with the OHIM (Community Trademark Office) and with the various national offices. An alternative solution is to conduct a trademark search within private databases.

Empire Pacific Investigative Services

Private Investigator Beverly Hills

Our Client Reviews

Empire Pacific Investigative Services

4.9 / 5.0

Based on 210 reviews

Alberto R.

I highly recommend Mike and Empire Pacific Investigative Services. They are true professionals and the only ones I will contact should the need arise! The attention to detail is second to none!

Maria A.

I was very satisfied with the professional help That Empire Pacific gave me in handling my case. His information was timely and to the point. I would highly recommend him for any and all investigative assistance. He is the best!

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Great Service. I am so happy I founded this company. They helped me out in my time of need.

Brittany L.

I was happy with the service provided. I had quick updates as the matter went forward and I would say five stars of service

Thandi M.

We have used Empire Pacific Investigative Services for three decades. Their work is exemplary; reports are perfect and their testimony is very professional, with great judge and jury appeal. We will not use anyone else for our investigations.

Mary H.

It has been my pleasure to work with Empire Pacific Investigative Services over the past 10 plus years on many investigations as well as other security related matters. When I need answers and I need them fast I know that a simple call will get me answers that are succinct, current and coming from a supremely knowledgeable source.

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Your service exceeded all our expectations. You are everything one hopes a true professional in this field of work would be: honest, direct, straightforward, responsive, knowledgeable and lightening fast. We would highly recommend your services to anyone with no hesitation.

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If you are looking for an experienced private investigator in California then you've found it. These P.I.'s know what they are doing. I look forward for the same commitment level in future from these guys.

Contact Us

Empire Pacific Investigative Services
1117 Sherbourne Dr
West Hollywood
CA90069

Phone: (310) 657-3747

Opening Times:

Monday - Friday
9:00 AM - 7:00 PM

Empire Pacific Investigative Services Inc., established in 1993 by three retired U.S. Federal Special Agents, offers a diverse range of investigative services individually tailored to our clients' specific needs. Throughout its years of service, EPIS has enjoyed an enviable reputation based on dedication to client service. Each member of our staff is highly skilled, thereby ensuring a knowledgeable team proficient in every phase of the investigative field.