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for Anaheim CA
Anaheim, California Businesses Use Cohn Legal for Trademark Services
* 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.
Cohn Legal started as branch of Howard M. Cohn & Associates, 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 startup, 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 good 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 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 filing 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.
Additional Information on Trademark Registration for Anaheim Businesses
If you are starting a new business in Anaheim, then the “to-do list” can seem endless. Finding commercial space, buying equipment, hiring employees, creating marketing materials, and the list goes on. On top of that everything feels like it needs to be done right now.
However, there is one thing you should take care of early on despite all of your other priorities. You must register your trademark with the UPSTO. It’s the only way to protect your trademark from the competition.
Consider this scenario: Janet is a real estate agent in Anaheim with good business instincts. She sees an opportunity in flipping houses. Janet reaches out to Max, a contractor she’s known for years. Joe is on board and they form a business called J&M Homes. Right away, they create a website, order business cards, design yard signs, and even stencil the logo onto their cars.
What they don’t know is that another realtor, James Marshall, is starting a home renovation business across town with the name J&M Houses.
Unlike Leslie and Joe, James has a trademark attorney who advises him to register his name and logo. Because of the similarities between the two companies, James is within his rights to ask J&M Homes to stop using their name. Leslie and Joe have no legal recourse because they did not protect their brand with a trademark. They’ve wasted a lot of time and energy on marketing materials they cannot use.
If you are opening a new business or growing an existing one, contact the attorneys at Cohn Legal. We can assist you in conducting a comprehensive trademark search and securing federal trademark rights.
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.