Fresno, California Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a boutique legal firm that is focused on providing superior counsel to startups and entrepreneurs in Fresno, California, across the United States and around the world. Think of us as your legal consigliere for all things related to trademarks, copyrights, and intellectual property.
Top 9 Questions Fresno Businesses Have About Obtaining a Trademark
What is a fanciful trademark?
Fanciful trademarks are marks that are typically made up and only have meaning when applied to a specific product or service. An example of a fanciful trademark is Exxon. It has no meaning other than being a brand of gasoline. Pepsi is another example as it has no meaning beyond identifying a brand of soda.
Can I trademark a generic term?
Generic terms can’t be trademarked by anyone. For example, no car manufacturer is allowed to trademark the term “cars.” If a car manufacturer was allowed to do that, it would mean that no other car manufacturer would be able to use the word car. It’s simply unreasonable and unfair to give one particular company the ability to trademark a generic term.
What is an examining attorney?
An examining attorney works at the USPTO. The examining attorney’s job is to thoroughly evaluate trademark applications and search the USPTO database. If no similar trademarks are found and everything else is in good order, then the examiner will likely approve the trademark application and publish it in the USPTO’s Official Gazette for a 30-day opposition period.
How long does a trademark last?
Trademarks can, quite literally, last for hundreds of years if that’s what a company wants. Once a trademark is registered, the owner of the mark will be asked to renew the mark about 5 to 6 years later. The second renewal will come due another 5 years after that. The third and all subsequent renewals will be required every 10 years thereafter. If a business owner keeps up with those deadlines, then he or she can keep their trademark for as long as they want.
Do I need to conduct a trademark search before filing my application?
There’s no law or mandate that will compel you to conduct a trademark search before submitting your trademark application. However, it is the smart thing to so. A proper trademark search will help uncover any sufficiently similar trademarks, which may block the approval of your desired trademark.
A competitor failed to trademark their logo. Should I register it for myself?
Speak to a trademark attorney about the advantages and disadvantages of trying to register a competitor’s mark. You can certainly try to trademark it for yourself, but there’s no guarantee that you’ll get it.
Even though your competitor’s trademark hasn’t been registered with the USPTO, it may be still be protected under “common law” rules. That means your competitor may still have rights to a trademark if they’ve been using it commercially.
What should I register first: the name of my business or my brand logo?
If you can, try to trademark both your business name and logo using separate trademark applications at the same time. If you have to prioritize, then trademark the name of your business first. Then, register the logo.
Some business owners try to save money by registering just the logo, especially if it contains the name of their business. However, we don’t recommend this because if you want to change the design of your logo, then you risk losing trademark protection for the name of your business
Is my U.S. registered trademark protected in countries outside of the United States?
No, your U.S. registered trademark only offers trademark protection within the United States. You should consider registering your trademarks in any foreign countries where you do business. Speak to a trademark attorney about how to ensure your brand is protected around the globe.
What is the Official Gazette?
The Official Gazette (OG) is a weekly publication from the USPTO that includes information on trademarks and patents that have been approved. Once a trademark is published in the Official Gazette, any third party has 30 days to come forward and oppose the trademark. If no one opposes the mark, then it is officially registered. Once your mark is registered, you should monitor the Official Gazette on a regular basis to ensure that no competitors are infringing on your trademark rights.
Why Trademark Registration Matters for Fresno Businesses
If you’re in Fresno are, and you are considering starting a business of your own, you likely have a lot of questions. Where should you set up your shop? Where should you source your inventory? What type of marketing plan is most effective? Is obtaining a registered trademark really that important? All of those questions are important, but trademark registration may be the most important.
Consider this scenario: Susan has always dreamed of owning her own bookstore. She saw a small vacant storefront in Clovis and jumped on the opportunity. From the moment she signed the lease she was doing a million things. From buying inventory to hiring employees, her to-do list seemed never-ending. Susan knows that trademark registration is important, but since no one else in the Fresno area has a business with the same name as her store, Downtown Books, she decides to wait on trademark registration until things are quieter at the store.
A year after Susan’s bookstore opens, she finds a cease-and-desist letter in the mail. It turns out that a large bookseller in San Diego has been doing business as Downtown Books for 5 years and is now expanding into the Fresno area. Because the San Diego operation registered the trademark, they are within their legal rights to ask Susan to stop using the name Downtown Books and close up her shop until she rebrands the business. The rebranding will take significant time and money on Susan’s part. She could have avoided all of this had she registered her mark right from the start.
Don’t wait to register your trademark. Whether you’re just starting to write your business plan or you’ve been selling your products and services for a while, the time to register your trademark is now. Contact the attorneys at Cohn Legal for a complimentary trademark consultation. We specialize in startups and have a cost-effective fee structure.
* Cohn Legal, PLLC is not located in Fresno and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.