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Anaheim, California Businesses Use Cohn Legal for Trademark Services
Cohn Legal started as branch of an international Intellectual Property firm that focused on providing legal protection and counsel to the some of the biggest names in the technology industry. Now its own trademark law firm, Cohn Legal is providing outstanding service to clients in Anaheim, around the country, and indeed, around the globe.
Top 8 Questions Anaheim Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a word, phrase, symbol, sound, or design that identifies and distinguishes the source of goods or services as being from a particular company. It allows consumers to tell which company manufactures the product or provides the service compared to others who provide goods or services in the same category.
How do I register a federal trademark?
In order to trademark a name, you need to first file a trademark application with the United States Patent and Trademark Office, or USPTO. The trademark application should include your name and address, the piece of intellectual property you want to be trademarked, the goods or services you want the trademark for, and a specimen. You should also indicate if the logo or name is “in commerce” or if you are filling it with “intent to use.”
Once received by the USPTO, an examining attorney will thoroughly evaluate the application and search the USPTO database to verify that your mark is not too similar to other trademarks that already exist.
If no similar trademarks are found and the examiner approves your application, the trademark will be published in the USPTO’s Official Gazette for 30 days. During that time, anyone can come forward and “oppose” the application. If no oppositions are submitted, then your trademark will go to final registration.
Do I need to conduct a trademark search before filing my application?
There’s nothing that says you have to conduct a trademark search, but it’s a good idea to do so. The USPTO has a huge database of registered trademarks and pending trademarks that you can search through.
If your search reveals that someone already registered the name you wanted, it can be frustrating. However, it’s better to have this information now rather than later. Without searching the potential name before submitting a trademark application, you run the risk of having it rejected by the USPTO.
Do I need to sell a product or service to obtain a trademark?
You just can’t trademark a name, logo, or slogan without a product or service to attach it to. The USPTO will want to see proof that you are using the trademark with a current product or service that you are selling or that you have the intent to sell a product in the future.
Do I need to have a registered trademark before I start selling my goods or services?
You can start selling a product or service before obtaining a registered trademark. However, keep in mind that doing business without registering your trademark first, means that a third party can not only use your trademark, but become the rightful owner by registering it with the USPTO before you do. If you are serious about your business, then take the proper steps to ensure that your trademark is properly protected against infringement.
How long does a trademark last?
Trademarks never expire, but you do need to renew the trademark. Renewal deadlines are set by the USPTO. The first renewal will be required approximately 5 years from the date of registration, and then 5 years after that. The USPTO will require renewals every 10 years thereafter. Please note that you run the risk of having your trademark cancelled if you miss a renewal deadline.
What is a “specimen” and when do I need one?
A specimen is an illustration of how you are actually using your trademark in commerce. A specimen could be a product label, product packaging, or a photo of signage which clearly displays the trademark being used in commercial activity. If you’re selling a service as opposed to a product, then the USPTO will accept flyers, brochures, advertisements, etc. that display the trademark.
Can I file a trademark if I’m not currently selling any products but intend to in the future?
If you’re not quite ready to bring your goods or services to market, then you can file what is known as an Intent-To-Use (ITU) trademark application. If you show “bona fide intention” to “use a trademark in commerce” then you can move forward with registering your trademark.
Once the ITU application has been accepted, you’ll receive a Notice of Allowance (NOA) from the USPTO. You’ll have 6 months to either submit your Statement of Use or file an extension. Each extension request will give you another 6 months to submit the Statement of Use. an additional 6 months to provide the Statement of Use. You are limited to 5 extension requests.
Why Trademark Registration Matters for Anaheim Businesses
Millions of tourists flock to Anaheim each year to visit the home of the Disneyland Resort, The Anaheim Convention Center, The Anaheim Duck ice hockey club, and more. It’s truly one of the most beautiful and awe-inspiring cities in the nation, perhaps even the world.
Entrepreneurs who are ready to start a new business venture in Anaheim know that there’s plenty of work to be done before they can open their doors. Far too often, however, they put off trademark registration either because they don’t think it’s important, or they assume it’s something they can take care of at a later date.
Imagine the following: Samantha and Laura are lifelong friends who grew up together in the Anaheim area. They’re looking forward to pooling their resources and opening up a yoga studio in Anaheim. They’ve already found a location and signed the lease. Now they need to renovate the space, set up a website, start social media accounts, create a marketing plan. There’s so much to be done it feels like it’ll never end.
When Laura’s mother suggests that they trademark the name of their studio, they know she’s right, but they make the decision to put that task on the back burner for now.
Unfortunately for the two friends, not registering their trademark is going to cost them in the long run. It turns out that there’s already a yoga studio in Orlando that has a similar name. The Orlando studio, however, had registered their trademark with the USPTO over 4 years ago. Once they find out about Samantha and Laura’s studio, they will certainly send a cease-and-desist letter requesting that Samantha and Laura close their doors and rebrand.
Starting a new business can be a hectic time, but trademark registration must remain a priority if you truly want your venture to be successful.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
** Cohn Legal, PLLC is not located in Anaheim and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Anaheim Businesses
Submit Your Trademark
Now in 4 Easy Steps
Complete the Trademark Registration Form.
Our IP Attorneys will run a search of your trademark in the USPTO.
We draft your TM Application and send it to you for your Review.
We File the Application with the USPTO.