Fremont, California Businesses Use Cohn Legal for Trademark Services
Cohn Legal Group is a specialized law firm that focuses on trademark and intellectual property rights for startups and entrepreneurs. Our goal is to provide clients in Fremont, California with exceptional legal guidance and support at cost-effective rates. We love helping our clients build their businesses from the ground up and making their lives easier.
Top Questions Fremont Businesses Have About Obtaining a Trademark
If I Only Provide My Services in Fremont, California, Can I Still Obtain a Federal Trademark?
This is an excellent question. Ultimately, to obtain a federal trademark, it must be used in “interstate-commerce” meaning that your services must be provided in at least two States. If you are presently only providing your services in Fremont, California, we can simply file an Intent to Use application; The intent-to-use application allows the applicant to reserve the right to use the trademark once it is ready to be used in inter-state-commerce.
What is a trademark?
A trademark is a distinctive sign, symbol, word, phrase, design, or combination thereof used to identify and distinguish the goods or services of one source from those of others in the marketplace. It serves as a unique identifier for a particular product or service and helps consumers recognize and associate it with a specific brand or company. Trademarks play a crucial role in building brand recognition, establishing brand loyalty, and protecting intellectual property rights.
Trademark protection applies to both tangible goods and intangible services, making it an essential tool for businesses seeking to safeguard their brand identity and reputation. For example, well-known trademarks include logos like the golden arches of McDonald’s or words such as “Apple” for electronic devices.
By registering a trademark with the appropriate government authority, typically the United States Patent and Trademark Office (USPTO) in the United States, the trademark owner gains legal rights and exclusivity over the use of that mark in connection with the registered goods or services. This protection helps prevent others from using similar marks that could cause confusion among consumers and dilute the distinctiveness of the original mark.
Overall, trademarks are vital assets for businesses, offering a means to protect their brand identity, reputation, and market presence from unauthorized use by competitors or others in the commercial landscape. As such, obtaining and enforcing trademark rights can be a key aspect of a company’s overall business strategy, providing a competitive advantage and contributing to long-term success in the marketplace.
Is there a difference between a trademark and service mark?
Yes, there is a difference between a trademark and a service mark, though both serve the same fundamental purpose of distinguishing the source of goods or services in the marketplace.
A trademark is used to identify and distinguish goods, which are tangible products offered for sale or distribution. These can include physical items like electronics, clothing, food products, and more. For example, the Nike “swoosh” logo is a trademark associated with their athletic shoes and apparel.
On the other hand, a service mark is used to identify and distinguish services provided by a business. Services are intangible and include activities such as consulting, legal services, financial planning, and telecommunications. For instance, the FedEx logo and name serve as a service mark for their package delivery and courier services.
The key distinction lies in the type of offerings each mark represents. A trademark applies to products, while a service mark applies to services. In practice, however, the term “trademark” is often used to encompass both trademarks and service marks.
When seeking protection for a mark, the registration process is similar for both trademarks and service marks. It involves filing an application with the relevant intellectual property office, such as the USPTO in the United States, and meeting specific criteria to obtain legal protection. The distinction between the two lies in the nature of the goods or services the mark represents.
As a business owner, it’s crucial to understand whether your mark will be used in connection with goods, services, or both, as this determines whether you should seek trademark or service mark protection. Additionally, consulting with a trademark lawyer can help ensure you follow the correct legal procedures and maximize the protection of your intellectual property rights.
What’s the difference between the ® and TM symbols?
The ® symbol and the TM symbol serve different purposes and convey different levels of trademark protection.
- TM Symbol (™): The TM symbol stands for “trademark” and is used to indicate that a word, phrase, logo, or other mark is being claimed as a trademark. This symbol can be used even if the mark is not officially registered with a government trademark office. Its purpose is to provide notice to the public that the owner considers the mark to be their trademark and that they intend to enforce their rights to it. Using the TM symbol does not grant any legal rights or protection, but it can deter others from using a similar mark and may be helpful in building brand recognition.
- Registered Trademark Symbol (®): The ® symbol, on the other hand, represents a registered trademark. It can only be used with a mark that has been officially registered with the appropriate government trademark office, such as the USPTO in the United States. The ® symbol indicates that the mark has full legal protection and exclusive rights for use in connection with the registered goods or services. It provides a higher level of protection than the TM symbol and serves as a warning to others that the mark is legally protected and any unauthorized use may result in legal action.
Using the ® symbol without a valid trademark registration is illegal and can lead to severe penalties. It is essential to wait until the trademark registration process is complete and you have received official approval before using the registered trademark symbol.
In summary, the TM symbol is used to indicate that a mark is being claimed as a trademark, while the ® symbol is used to indicate that the mark is a registered trademark and enjoys legal protection. Both symbols play a role in establishing and protecting trademark rights, but the ® symbol signifies a higher level of legal recognition and exclusivity. If you have a mark that you believe is eligible for trademark protection, it is advisable to consult with a trademark attorney to navigate the registration process and understand how to use these symbols appropriately to protect your intellectual property rights.
Why should I conduct a trademark search before submitting a trademark application?
You should always conduct a comprehensive trademark search before submitting a trademark application. You can access the USPTO’s databases to search for a mark that may be similar to yours.
If your search reveals that your mark is unique, then you can submit your application with more confidence. However, if someone has already registered your desired mark, you’ll have to alter your mark or come up with something new.
How can I determine if a trademark is available?
Determining the availability of a trademark is a critical first step before investing time, effort, and resources into building a brand around a specific mark. Conducting a thorough trademark search helps you avoid potential legal issues and conflicts with existing trademarks. Here are some essential steps to determine if a trademark is available:
- Preliminary Search: Start with a preliminary search on the internet and social media platforms to check if there are any obvious or well-established uses of the mark you’re considering. Look for identical or similar marks in your industry or related fields.
- USPTO Trademark Database Search: The United States Patent and Trademark Office (USPTO) maintains a comprehensive database of registered trademarks and pending applications. Conduct a search on their website (https://www.uspto.gov/trademarks-application-process/search-trademark-database) to check for any similar or identical marks that could cause confusion.
- Trademark Databases: Besides the USPTO, there are several commercial trademark databases and online tools available that can help you search for registered trademarks and applications. These databases often cover international trademarks as well.
- Domain Name Search: Check if the desired trademark is available as a domain name. A domain name search can provide insights into potential conflicts and existing uses.
- Business Name Search: If you plan to use the trademark as your business name, search state business name databases and directories to ensure there are no conflicting names in your operating state.
- Common Law Rights: Keep in mind that trademark rights can also be established through common law use, even without registration. While these rights may be limited to a specific geographic area, they could still pose a conflict.
- Consult with a Trademark Attorney: If the preliminary search raises concerns or if the trademark is critical to your business, consider consulting with a trademark attorney. They can conduct a more comprehensive search and provide legal advice on the availability and registrability of the mark.
- International Trademark Search: If you plan to expand your business internationally, consider conducting searches in the trademark databases of relevant countries.
Remember that the goal of a trademark search is to identify potential conflicts and assess the risk associated with adopting a particular mark. If your search reveals conflicting marks or potential issues, it’s advisable to consider alternative options to avoid legal disputes and protect your brand’s integrity in the long run. Additionally, registering your trademark with the USPTO provides stronger legal protection and nationwide rights, so it’s essential to consider trademark registration as part of your overall brand protection strategy.
Do I need to sell a product or service to obtain a registered trademark?
No, you do not necessarily need to sell a product or service to obtain a registered trademark. In many countries, including the United States, trademark rights can be acquired based on the “intent to use” the mark in commerce.
When you have a bona fide intention to use a specific trademark in connection with goods or services in the future, you can file an “Intent-to-Use” (ITU) application with the United States Patent and Trademark Office (USPTO) or the relevant trademark authority in your country. This allows you to secure priority rights to the mark while you are in the process of developing or preparing to launch your product or service.
The ITU application process typically involves the following steps:
- Filing the ITU Application: Submit an ITU application to the USPTO, which includes the proposed trademark, a description of the goods or services you intend to offer, and a declaration of your bona fide intent to use the mark in commerce.
- Notice of Allowance: If the USPTO finds your application to be in compliance with their requirements, they will issue a “Notice of Allowance,” indicating that your mark has been provisionally approved for registration. At this stage, you have up to six months (with possible extensions) to demonstrate “actual use” of the mark in commerce.
- Statement of Use: To convert the ITU application to a “Use in Commerce” application, you must submit a “Statement of Use” (SOU) to the USPTO, providing evidence of the actual use of the trademark in commerce. This typically includes specimens (evidence) showing the mark being used on the goods or in connection with the services.
- Registration: Upon acceptance of the SOU, the USPTO will grant you a registered trademark for the goods or services specified in the application.
It’s essential to note that the ITU application process provides a valuable option for brand owners to secure trademark rights early on, even before launching the product or service. However, it’s crucial to have a genuine intention to use the mark in commerce when filing the ITU application. False or fraudulent claims of intent to use can lead to serious legal consequences, including the cancellation of the trademark registration.
Consulting with a trademark attorney can help ensure you follow the correct procedures and meet the legal requirements for obtaining a registered trademark based on your intent to use the mark in the future. Additionally, a trademark attorney can assist in conducting comprehensive searches to assess the availability of your proposed mark and help you build a strong foundation for your brand’s identity and protection.
If I only provide my services locally, can I still obtain a federal trademark?
Yes, you can obtain a federal trademark in the United States, even if you only provide your services locally. The key factor for obtaining a federal trademark is not the geographical scope of your services but rather the proper use of the mark in commerce and its distinctiveness.
To be eligible for federal trademark registration, you must meet certain requirements:
- Use in Commerce: You must use the mark in commerce, which means that you are offering or rendering the services in connection with the mark to customers in interstate commerce. “Interstate commerce” refers to any commercial activity that crosses state lines, including advertising or selling services to customers in other states.
- Distinctiveness: The mark must be distinctive and not merely descriptive of the services you provide. Distinctive marks are more likely to be granted federal trademark protection. Generic terms, which refer to the common name of the services, cannot be registered as trademarks.
- Specimen of Use: As part of the trademark application process, you will need to submit a “specimen of use” that shows how you are using the mark in connection with the services. The specimen serves as evidence of the mark’s actual use in commerce.
It’s important to understand that federal trademark registration provides several advantages, regardless of whether your services are offered locally or nationally. These benefits include:
- Nationwide Protection: A federal trademark registration grants you exclusive rights to use the mark nationwide, regardless of your geographic location. This means you can prevent others from using a similar mark in connection with related services throughout the United States.
- Presumption of Validity: With federal registration, there is a legal presumption that you are the valid owner of the mark, which can be beneficial in case of any legal disputes.
- Public Notice: Federal registration puts others on notice of your claim to the mark, which can deter potential infringers from using similar marks.
- Incontestability: After five years of continuous use following registration, you can seek “incontestable” status, which strengthens the mark’s legal protection against certain challenges.
If your services are currently local but you have plans to expand beyond your region in the future, obtaining federal trademark registration early on can be a prudent step to safeguard your brand identity and market presence. To navigate the trademark application process and understand the best approach for your specific situation, consulting with a trademark attorney is recommended. They can guide you through the process, conduct comprehensive searches, and help you build a strong foundation for your brand’s protection and growth.
Can I submit a trademark application anonymously?
No, you cannot apply for a trademark anonymously. Your name must be disclosed to the USPTO when submitting your trademark application.
What should I register first: the name of my business or my brand logo?
When considering trademark registration, it’s essential to understand the distinctions between registering the name of your business (wordmark) and your brand logo (design mark). Both types of trademarks offer distinct forms of protection, and the decision of which to register first depends on your business’s priorities and branding strategy.
- Wordmark (Business Name): Registering the name of your business as a wordmark provides protection for the specific text of the name itself, without any specific design elements. This means that you can use the name in various fonts, styles, and colors while maintaining trademark protection. If your business operates under a unique and distinctive name that you want to protect, registering the wordmark can be a wise initial step. Keep in mind that the protection is limited to the textual representation of the name and doesn’t extend to any design elements.
- Design Mark (Brand Logo): A design mark, or brand logo, protects the specific graphical or visual representation of your brand. This includes any stylized text, images, symbols, or a combination of these elements. Registering a design mark gives you protection for the logo’s specific design, and you can use it in the exact form it appears in the registration. If your brand’s logo is crucial to your brand identity and you want to prevent others from using a similar design, registering the logo as a design mark is a sensible choice.
- Combination Mark: Alternatively, you can choose to register a combination mark, which includes both the wordmark and the design elements together. This provides the broadest form of protection, covering both the textual and design aspects of your brand. A combination mark is recommended if the name of your business and the logo are both distinctive and integral to your brand identity.
The order in which you register these trademarks can depend on several factors, such as your business goals, budget, and branding strategy. In some cases, it may be practical to register both the wordmark and the design mark simultaneously as a combination mark to ensure comprehensive protection from the start.
Before proceeding with trademark registration, conduct a thorough search to ensure that your chosen name or logo is not already in use by others, as this could lead to conflicts and potential legal issues. Consulting with a trademark attorney is highly recommended to guide you through the process, conduct comprehensive searches, and determine the best approach to protect your brand’s identity effectively. With proper trademark protection, you can establish a strong and distinctive brand presence in the marketplace and safeguard your business from potential infringement or misappropriation by competitors.
What is a fanciful trademark?
A fanciful trademark, also known as a coined trademark, is a type of trademark that consists of a completely made-up or invented word or phrase that has no dictionary or common meaning. These marks are highly distinctive and have the strongest level of trademark protection because they are inherently unique and inherently capable of identifying the source of goods or services.
Unlike generic or descriptive marks, which may be difficult to protect as trademarks, fanciful trademarks are given a high level of legal recognition and are more likely to be registered and enforced. Some examples of fanciful trademarks include well-known brands like “Kodak” for cameras and film or “Xerox” for copiers.
The distinctiveness of fanciful trademarks lies in the fact that they are created solely for the purpose of being a trademark and do not describe the product or service they represent. Since they have no existing meaning in the relevant industry, consumers are more likely to associate them exclusively with a particular brand or company.
When it comes to trademark registration, fanciful marks generally face fewer hurdles during the application process because they are inherently distinctive. This means that they do not require a showing of acquired distinctiveness (secondary meaning) through extensive use, which is often necessary for descriptive or suggestive marks to be registered.
While fanciful trademarks offer strong protection, they do require some effort to build brand recognition and consumer association with the mark. Since the words or phrases are invented, they might not initially evoke a specific product or service in consumers’ minds. However, with effective marketing and continued use, these trademarks can become synonymous with the products or services they represent, creating a powerful brand identity.
As with any trademark, it is crucial to conduct a thorough search to ensure that the fanciful mark you intend to use is not already in use or similar to existing trademarks. This search helps avoid potential conflicts and legal issues down the line. Consulting with a trademark attorney can assist you in the search process and guide you through the registration process, helping to establish and protect your fanciful trademark effectively.
What does the term “arbitrary trademark” mean?
An arbitrary trademark is a word that on its own has meaning, but that meaning is irrelevant when applied to a particular product or service. An example of an arbitrary mark is the word “Comet” when used as the name of a cleanser. The word comet has meaning as a generic term, but when used as a brand name, its generic meaning isn’t relevant.
What is a descriptive trademark?
The USPTO may deny your trademark application on the basis that your mark is “merely descriptive.” That means the trademark describes a function or characteristic of the product being manufactured.
For example, an ice cream manufacturer would not be allowed to trademark the words “creamy and sweet” as the brand name of their ice cream. Those are two words that describe all ice cream. Therefore, all ice cream manufacturers should have access to these common words.
What is TEAS?
TEAS stands for the Trademark Electronic Application System, which is an online platform provided by the United States Patent and Trademark Office (USPTO) for filing trademark applications and managing trademark-related matters. It is a web-based system that allows individuals and businesses to submit their trademark applications and related documents electronically.
The TEAS system offers several benefits over traditional paper-based filing methods, including faster processing times, real-time confirmation of receipt, and access to a wide range of online resources and tools to assist applicants throughout the trademark registration process. Here are some key features and functionalities of the TEAS system:
- Trademark Application Filing: TEAS allows applicants to file various types of trademark applications, including applications for standard character marks (word marks), stylized or design marks, and combined word and design marks (combination marks). It also facilitates the filing of intent-to-use applications for marks that are not yet in use in commerce but are intended to be used in the future.
- Electronic Payment: TEAS enables secure online payment for filing fees and other trademark-related fees. Payments can be made using credit cards or electronic funds transfer.
- Document Upload: Applicants can electronically submit all required documents, such as specimens of use, statements of use, and responses to office actions, through the TEAS system.
- Status Checking: The TEAS system provides real-time status updates on the progress of the application, allowing applicants to monitor the status of their trademark application and respond promptly to any office actions or requests from the USPTO.
- Electronic Communication: The USPTO communicates with applicants and registrants through email notifications and correspondence, making the process more efficient and reducing paper usage.
- Trademark Search and Information: TEAS provides access to the USPTO’s trademark database, allowing users to conduct searches for existing trademarks and obtain important information related to trademark registrations and applications.
Using the TEAS system is generally more cost-effective and convenient than traditional paper filings, and it streamlines the trademark application process, making it more accessible to individuals and businesses of all sizes.
However, despite its user-friendly nature, the trademark application process can still be complex and require careful attention to detail to avoid potential pitfalls and delays. Therefore, many applicants choose to work with a trademark attorney to ensure that their applications are correctly prepared, all legal requirements are met, and their trademark rights are adequately protected.
What is the USPTO?
The USPTO, or the United States Patent and Trademark Office, is the federal entity that reviews trademark applications and keeps records of all existing and pending trademarks.
Note that the USPTO will not monitor the market to find out if a third party is infringing on your trademark. It’s solely your responsibility to protect your trademark from infringement.
What is the USPTO’s Trademark Trial and Appeal Board?
The Trademark Trial and Appeal Board (TTAB) was created to help resolve specific conflicts among trademark owners. The TTAB may get involved if:
- A third party thinks that your trademark is infringing on their trademark.
- A third party believes that your pending trademark will infringe on their trademark.
- You want to appeal a denial of your trademark application.
- You want to challenge a third party’s existing or pending trademark.
A trademark attorney can help you navigate these proceedings, adhere to their strict deadlines, present your best case or defense, and help you settle the dispute in a way that’s in alignment with your best interests.
What are the USPTO’s “Rules of Professional Conduct”?
All attorneys who appear before the USPTO in any proceedings must follow their Rules of Professional Conduct.
These rules state that any attorney representing you:
- Has the knowledge and ability to represent your best interests.
- Consults with you often about the status of your trademark matter.
- Do not make false statements to the USPTO.
Make sure that the trademark attorney you hire understands the Rules of Professional Conduct.
How long does the trademark application process take?
The duration of the trademark application process can vary depending on several factors, including the type of application, the complexity of the mark, and the workload of the trademark office. In the United States, the trademark application process generally involves the following stages, each of which contributes to the overall timeline:
- Filing the Application: The initial step is filing the trademark application through the Trademark Electronic Application System (TEAS) or paper filing, if applicable. Once submitted, the USPTO typically issues an acknowledgment of receipt within a few business days.
- Examination: After filing, the USPTO’s examining attorney reviews the application to ensure it complies with the legal requirements and does not conflict with existing trademarks. This examination can take several months, especially if there is a backlog of applications.
- Office Actions: If the examining attorney identifies any issues with the application, they will issue an “office action” outlining the deficiencies or potential conflicts that need to be addressed. The applicant has a set period to respond to the office action, typically six months.
- Publication: If the application is found to be in compliance, it is published in the USPTO’s Official Gazette, a weekly publication that provides public notice of pending trademark applications. Third parties have 30 days to oppose the registration.
- Opposition Proceedings: If someone believes that the pending trademark could harm their existing rights, they may file an opposition within the 30-day publication period. Opposition proceedings can extend the overall application timeline significantly.
- Registration or Notice of Allowance: If no opposition is filed, or if the opposition is resolved in favor of the applicant, the mark will either proceed to registration (if it is a use-based application) or receive a “Notice of Allowance” (if it is an intent-to-use application). For use-based applications, the registration is typically issued within a few months after publication. For intent-to-use applications, the applicant has six months (with possible extensions) to submit a “Statement of Use” demonstrating actual use of the mark in commerce.
The entire process, from filing to registration, can take anywhere from several months to more than a year, depending on the specifics of the application and any potential complications that arise. Intent-to-use applications can add extra time due to the need to demonstrate actual use before registration. Additionally, opposition proceedings can significantly prolong the process if third parties challenge the application.
To ensure a smooth and efficient application process, it is advisable to conduct a comprehensive trademark search before filing to identify potential conflicts and consult with a trademark attorney who can guide you through the process, respond to office actions, and address any challenges that may arise. This can help avoid unnecessary delays and increase the likelihood of a successful trademark registration.
How long does a trademark last?
Once a trademark is registered and granted by the appropriate trademark office, it is important for the trademark owner to understand the duration of its protection. In the United States, a registered trademark has a perpetual term of protection, as long as certain maintenance requirements are met.
Specifically, trademarks registered with the United States Patent and Trademark Office (USPTO) have an initial term of ten years from the date of registration. However, to maintain the trademark’s active status, the owner must file specific maintenance documents and fees with the USPTO at regular intervals.
The maintenance requirements for a federally registered trademark are as follows:
- Between 5th and 6th Year: Between the fifth and sixth year after the date of registration, the trademark owner must submit a “Declaration of Continued Use or Excusable Nonuse” along with the required fee. This declaration confirms that the mark is still in use in commerce and that the registration should be maintained.
- Between 9th and 10th Year and Every 10 Years After: Between the ninth and tenth year after the date of registration, and every ten years thereafter, the trademark owner must file a combined “Declaration of Use and Application for Renewal” along with the appropriate fee. This declaration demonstrates that the mark is still in use in commerce and seeks to renew the registration for another ten-year term.
If the trademark owner fails to file the required maintenance documents and fees, the registration may be canceled, and the trademark will lose its protected status. Therefore, it is essential for trademark owners to keep track of these deadlines and ensure timely submission of the necessary documents.
It is important to note that while a registered trademark can have perpetual protection through the maintenance and renewal process, it is incumbent upon the owner to actively use and enforce the mark. Failure to actively use the mark or to protect it from infringement can weaken its protection over time.
For trademarks that are not registered but are used in commerce, common law rights may provide some level of protection. However, common law rights are limited in scope and geographic reach compared to the nationwide protection offered by federal registration.
To maximize the benefits of trademark protection and maintain the rights to your mark, it is advisable to consult with a trademark attorney who can assist with the registration process, monitor maintenance deadlines, and provide guidance on enforcing your trademark rights effectively.
Can I use a trademark without registering it?
Yes, you can use a trademark without registering it. Trademark rights in the United States can be established through actual use of the mark in commerce, even without formal registration with the United States Patent and Trademark Office (USPTO). These rights are known as “common law” rights.
When you use a mark to identify your goods or services in connection with your business, you acquire common law trademark rights in the geographic area where you use the mark. These rights allow you to prevent others from using a confusingly similar mark in the same geographic area and industry, provided you can demonstrate prior and continuous use of the mark.
However, common law rights have some limitations compared to registered trademarks:
- Geographic Scope: Common law rights are limited to the specific geographic area where you have been using the mark. This means that others could use a similar mark in other geographic regions without infringing on your rights.
- Protection Level: Common law rights provide a lower level of legal protection compared to federal trademark registration. Registered trademarks enjoy nationwide protection, giving the owner broader rights and greater legal remedies in case of infringement.
- Notice to Others: A registered trademark provides public notice of your claim to the mark. This can deter potential infringers from using a similar mark, whereas common law rights may not have the same deterrent effect.
- Defending Rights: Proving the existence and extent of common law rights in a legal dispute can be more challenging and costly than presenting a registered trademark as evidence of ownership.
While using a mark without registration is legally permissible, federal registration offers several significant advantages. It provides stronger and broader protection, helps establish a public record of ownership, and acts as a deterrent to potential infringers. Additionally, registered trademarks enjoy a presumption of validity, making it easier to enforce your rights in case of disputes.
To obtain the most comprehensive protection for your trademark, it is advisable to consider federal trademark registration with the USPTO. This involves filing an application and meeting specific legal requirements. Working with a trademark attorney can ensure that your application is correctly prepared and increase the chances of successful registration, providing you with enhanced rights and protections for your brand.
When should I hire a trademark lawyer?
Hiring a trademark lawyer is highly recommended at various stages of the trademark process and throughout the life of your brand. An experienced trademark attorney can provide valuable guidance, protect your rights, and ensure that your trademark registration and enforcement efforts are conducted effectively. Here are some key scenarios when you should consider hiring a trademark lawyer:
- Trademark Search and Clearance: Before adopting a new trademark, conducting a comprehensive search to identify potential conflicts is crucial. A trademark attorney can perform a thorough search, assess the risk of potential conflicts, and provide advice on the availability and registrability of your proposed mark.
- Trademark Application: Preparing and filing a trademark application correctly is essential to avoid rejection or delays. A trademark lawyer can assist with the application process, ensure all legal requirements are met, and draft the application to maximize the chances of successful registration.
- Office Actions and Responses: If the USPTO issues an office action, requesting additional information or raising objections to your application, a trademark attorney can help you understand the issues, formulate an appropriate response, and navigate the complex legal requirements to overcome any obstacles.
- Opposition Proceedings: If your trademark application is opposed by a third party, a trademark lawyer can represent you in the opposition proceedings, presenting strong arguments and evidence to defend your rights.
- Maintenance and Renewal: Maintaining and renewing your trademark registration involves specific deadlines and requirements. A trademark attorney can ensure that all necessary documents are filed on time to maintain your trademark’s active status.
- Trademark Enforcement and Protection: If you encounter unauthorized use of your trademark or infringement by others, a trademark attorney can guide you through enforcement actions, including cease and desist letters, negotiations, or litigation if necessary.
- International Trademark Matters: If you plan to expand your business internationally, a trademark attorney with experience in international trademark law can help you navigate the complexities of foreign trademark registrations and protect your brand in global markets.
- Trademark Portfolio Management: If you have multiple trademarks or plan to develop a portfolio of brands, a trademark lawyer can help you manage and protect your entire portfolio strategically.
Overall, working with a trademark lawyer is beneficial in safeguarding your brand’s identity, reputation, and market presence. They have the legal expertise and knowledge to address various trademark-related issues, ensure compliance with trademark laws, and protect your rights from potential infringements. Investing in the guidance of a trademark attorney can save you time, money, and potential legal headaches, allowing you to focus on building and growing your business with confidence.
What is a trademark’s specimen?
In the context of trademark registration, a specimen is a sample or representation of how you are using your trademark in commerce. The United States Patent and Trademark Office (USPTO) requires applicants to submit a specimen as part of the trademark application process. The specimen serves as evidence that the mark is being used in connection with the goods or services listed in the application.
The purpose of the specimen is to show the USPTO that the mark is not merely an idea but is actually in use to identify and distinguish the products or services in the marketplace. It helps the USPTO determine whether the mark is eligible for registration based on actual use in commerce.
The acceptable format of a specimen varies depending on whether the mark is used for goods or services:
- For Goods: If the mark is used to identify tangible goods, acceptable specimens may include photographs, labels, tags, packaging, or displays showing the mark on the actual goods or their containers. For example, a photograph of the mark on product packaging or a label attached to the product can be submitted as a specimen.
- For Services: If the mark is used to identify services, acceptable specimens may include advertising materials, brochures, websites, business cards, or other materials displaying the mark in connection with the services. For example, a screenshot of a webpage offering the services with the mark prominently displayed can be submitted as a specimen.
It is essential that the specimen accurately reflects how the mark is being used in the ordinary course of trade. The USPTO may refuse registration if the specimen does not show proper use of the mark or if it is unclear or inconsistent with the goods or services specified in the application.
For intent-to-use applications, specimens are not initially required. Instead, applicants must provide a “Declaration of Use” and a specimen showing actual use of the mark in commerce before the mark can be registered.
Filing a proper specimen is a critical aspect of the trademark application process. Working with a trademark attorney can help ensure that you submit the correct specimen and comply with all USPTO requirements, increasing the likelihood of a successful trademark registration. A qualified attorney can guide you through the application process, help you choose the appropriate specimens, and address any potential issues that may arise with the USPTO.
Can I request an expedited approval of my trademark registration?
Yes, it is possible to request an expedited or accelerated approval of a trademark registration under certain circumstances. In the United States, the United States Patent and Trademark Office (USPTO) offers two programs that allow applicants to expedite the examination process:
- TEAS Plus with a Request for Expedited Examination (TEAS Plus-X): This program is available to applicants who meet specific requirements and agree to use the TEAS Plus filing option. To be eligible for expedited examination, the applicant must satisfy all the regular requirements for a TEAS Plus application and pay an additional fee for expedited processing.
- TEAS Reduced Fee (TEAS RF): This program is designed to provide a lower filing fee for certain applicants while still allowing for expedited examination. To qualify for this option, the applicant must meet certain criteria, such as using the TEAS RF filing option, providing accurate email communication, and agreeing to receive electronic correspondence from the USPTO.
It’s important to note that expedited examination is not available for all trademark applications. Generally, applications that are eligible for expedited processing include intent-to-use applications, applications that have already been used in commerce but are not yet in use, and applications based on foreign registrations. Additionally, expedited examination is subject to the availability of resources at the USPTO, and the processing times may vary depending on the current workload.
While requesting expedited examination can speed up the processing of your trademark application, it does not guarantee approval. The mark must still meet all the necessary legal requirements for registration, including distinctiveness and non-conflict with existing trademarks.
If you believe that your application qualifies for expedited examination and you wish to expedite the registration process, it is advisable to consult with a trademark attorney. They can assess your eligibility, guide you through the process of requesting expedited examination, and ensure that your application meets all the necessary requirements for a successful trademark registration. An attorney can also help you navigate any challenges that may arise during the expedited examination process, increasing the chances of obtaining timely approval for your trademark.
Can I trademark a phrase?
Yes, you can trademark a phrase if it meets the legal requirements for trademark protection. A phrase can function as a trademark if it is distinctive, not descriptive, and is being used to identify and distinguish goods or services in the marketplace. To be eligible for trademark registration, the phrase must meet the following criteria:
- Distinctiveness: The phrase must be distinctive and not merely descriptive of the goods or services it represents. Distinctive phrases, also known as “suggestive” or “arbitrary” phrases, are more likely to be granted trademark protection. Descriptive phrases that directly describe the goods or services are generally not registrable as trademarks, but they may acquire protection over time if they gain “secondary meaning” through extensive use and consumer recognition.
- Use in Commerce: To apply for federal trademark registration in the United States, the phrase must be in use in commerce, either actual use or an intent-to-use basis. “Use in commerce” refers to the bona fide use of the phrase to sell goods or services in connection with the mark. Intent-to-use applications require a bona fide intention to use the phrase in commerce in the future.
- Distinctive Design or Format: If the phrase is presented in a distinctive design, stylized font, or unique format, it may further strengthen the mark’s distinctiveness and registrability.
- No Likelihood of Confusion: The phrase must not create a likelihood of confusion with existing trademarks for similar goods or services. A comprehensive trademark search can help determine if there are any conflicting marks that could prevent registration.
Once you have established that your phrase meets the legal requirements for trademark protection, you can file a trademark application with the appropriate trademark office, such as the United States Patent and Trademark Office (USPTO) in the United States. The application process involves submitting the necessary documents, including a specimen showing the use of the phrase in commerce, and paying the required filing fees.
It’s important to note that trademark protection is limited to the specific goods or services for which the phrase is used. Therefore, if you plan to use the phrase for different categories of goods or services, you may need to file multiple trademark applications or specify the appropriate classes in your application.
To ensure the successful registration of your phrase as a trademark, and to navigate any potential challenges or objections, it is highly recommended to work with a trademark attorney. An attorney can conduct a comprehensive trademark search, assist with the application process, and provide valuable advice on protecting your brand and enforcing your trademark rights.
Can I trademark a logo?
Yes, you can trademark a logo if it meets the necessary legal requirements for trademark protection. A logo can function as a trademark if it is used to identify and distinguish goods or services in the marketplace. To be eligible for trademark registration, the logo must meet the following criteria:
- Distinctiveness: The logo must be distinctive and capable of distinguishing the goods or services it represents from those of others. Distinctive logos, also known as “arbitrary” or “fanciful” logos, are inherently distinctive and more likely to be granted trademark protection. Logos that are descriptive or generic may face challenges during the registration process.
- Use in Commerce: To apply for federal trademark registration in the United States, the logo must be used in commerce, either actual use or an intent-to-use basis. “Use in commerce” refers to the bona fide use of the logo to sell goods or services in connection with the mark. Intent-to-use applications require a bona fide intention to use the logo in commerce in the future.
- Distinctive Design Elements: The logo must have distinctive design elements, such as unique graphics, symbols, stylized text, or a combination thereof. These elements should set the logo apart from common and generic designs.
- No Likelihood of Confusion: The logo must not create a likelihood of confusion with existing trademarks for similar goods or services. A comprehensive trademark search can help identify any conflicting marks that could prevent registration.
Once you have ensured that your logo meets the legal requirements for trademark protection, you can proceed with filing a trademark application with the appropriate trademark office, such as the United States Patent and Trademark Office (USPTO) in the United States. The application process involves submitting the necessary documents, including a specimen showing the use of the logo in commerce, and paying the required filing fees.
It’s important to remember that trademark protection is specific to the goods or services for which the logo is used. If you intend to use the logo for different categories of goods or services, you may need to file multiple trademark applications or specify the appropriate classes in your application.
To maximize the chances of a successful trademark registration and to navigate any potential challenges or objections, it is advisable to work with a trademark attorney. An attorney can conduct a thorough trademark search, assist with the application process, and provide valuable advice on protecting your brand and enforcing your trademark rights. With proper trademark protection for your logo, you can build a strong brand identity and prevent others from using similar marks in connection with related goods or services.
Can I trademark a color?
Yes, it is possible to trademark a color under certain circumstances. However, obtaining a trademark for a color can be challenging because color marks must meet a high standard of distinctiveness to be registrable. The United States Patent and Trademark Office (USPTO) and other trademark offices around the world have specific requirements for registering color marks.
To be eligible for trademark registration, a color must be inherently distinctive or have acquired distinctiveness through extensive and exclusive use in commerce. There are two main types of color marks:
- Inherently Distinctive Color Marks: Some colors are considered inherently distinctive because they are so unusual or arbitrary in the context of the products or services they identify. These colors do not serve any functional purpose and are easily recognizable as indicators of a particular source. Examples of inherently distinctive color marks include the pink color used for insulation by Owens-Corning and the distinctive blue color used for Tiffany & Co. jewelry boxes.
- Acquired Distinctiveness (Secondary Meaning): If a color is not inherently distinctive, it may still be eligible for trademark protection if it has acquired distinctiveness or “secondary meaning” through significant and exclusive use in commerce. This means that the color has become associated with a particular brand or source in the minds of consumers due to its extensive use and promotion.
To successfully register a color mark, applicants must submit evidence demonstrating the distinctiveness of the color, either inherently or through acquired distinctiveness. This evidence may include extensive use of the color in connection with specific goods or services, advertising and marketing materials featuring the color, consumer surveys showing recognition of the color as an identifier of the source, and evidence of exclusive use.
It’s important to note that the scope of protection for a color mark can be limited. Trademark protection is usually specific to the particular use or application of the color in connection with specific goods or services. In some cases, a color mark may be registered as part of a larger trade dress or packaging design rather than as a stand-alone mark.
Due to the complexity and challenges associated with registering color marks, it is highly advisable to seek guidance from a trademark attorney. An attorney can assess the distinctiveness of the color, gather and present the necessary evidence, and navigate the unique requirements for obtaining trademark protection for a color, increasing the likelihood of a successful registration.
Can I transfer my trademark to someone else?
Yes, you can transfer your trademark to someone else through a process known as trademark assignment. Trademark assignment is the legal term used to describe the transfer of ownership or rights in a trademark from one party (the assignor) to another party (the assignee). The assignment must be properly documented and recorded with the appropriate trademark office to be legally effective.
Trademark assignment can occur for various reasons, including business mergers, acquisitions, or a change in ownership of the trademark. It is essential to follow the proper steps to ensure a smooth and valid transfer of the trademark rights. Here are the key steps involved in transferring a trademark:
- Drafting the Assignment Agreement: The assignor and the assignee must enter into a written agreement that sets out the terms and conditions of the trademark transfer. The assignment agreement should clearly identify the trademark being transferred, specify the rights being assigned, and include any relevant terms and consideration (payment) for the transfer.
- Execution of the Assignment Agreement: Both parties must sign the assignment agreement to indicate their consent and agreement to the transfer of the trademark rights.
- Recordation with the Trademark Office: In many jurisdictions, including the United States, it is advisable to record the assignment with the relevant trademark office. Recording the assignment creates a public record of the transfer and helps protect the assignee’s rights against third parties. In the United States, trademark assignments are recorded with the United States Patent and Trademark Office (USPTO).
- Notifying Licensees and Customers: If there are existing licensees or customers who have been using the trademark under the previous ownership, the transfer should be communicated to them to ensure a smooth transition and avoid any potential confusion.
- Update of Trademark Registrations: If the trademark is registered, the assignee should update the registration with the new ownership information, including name and address changes, if applicable.
It is important to note that a trademark assignment does not automatically change the rights in the trademark. It only transfers the rights from the assignor to the assignee. The assignee assumes all rights and obligations associated with the trademark, including the duty to use and maintain the mark in commerce.
To ensure that the trademark assignment is conducted correctly and in compliance with all legal requirements, it is recommended to work with a trademark attorney. An attorney can draft the assignment agreement, guide you through the recording process with the trademark office, and provide legal advice to protect your interests during the transfer of the trademark rights.Can I license my trademark to others?
Yes, you can license your trademark to others through a trademark licensing agreement. Trademark licensing allows the trademark owner (licensor) to grant permission to another party (licensee) to use the trademark for specific purposes and under certain conditions. Licensing is a common practice used by businesses to expand their brand presence, generate additional revenue, and enter new markets without directly producing or providing the goods or services themselves.
The trademark licensing agreement should clearly outline the terms and conditions of the license, including the following key elements:
- Scope of Use: The agreement should specify the scope of the licensee’s use of the trademark. This includes detailing the specific goods or services for which the trademark can be used and any geographical limitations.
- Quality Control: The licensor must maintain control over the quality of the goods or services bearing the licensed trademark. The agreement should include provisions for the licensor’s right to inspect the licensee’s products or services to ensure they meet the licensor’s quality standards.
- Duration of the License: The agreement should state the duration of the license, including any renewal options or termination clauses.
- Royalties and Fees: The licensing agreement should outline any royalties, fees, or payments the licensee must make to the licensor in exchange for using the trademark. These may be fixed amounts, percentages of sales, or a combination of both.
- Intellectual Property Ownership: The agreement should clarify that the licensor retains ownership of the trademark and that the license does not grant any ownership rights to the licensee.
- Termination Rights: The agreement should specify the conditions under which either party can terminate the license and the procedures for doing so.
- Enforcement of Rights: The agreement should address how potential infringements or unauthorized use of the trademark will be handled and the actions the parties will take to protect the trademark.
Trademark licensing can be a powerful tool for brand expansion, but it also comes with certain risks and complexities. To ensure that the licensing arrangement is legally sound and protects your interests, it is essential to work with a trademark attorney when drafting and negotiating the licensing agreement. An attorney can help you understand the legal implications of the agreement, address potential issues, and ensure that your trademark is used in a manner that maintains its reputation and value.
If my trademark is registered in the United States, is it protected in other countries as well?
No, trademark registration in the United States only provides protection within the territorial boundaries of the United States. Trademark rights are generally territorial, which means that registration in one country does not automatically extend protection to other countries. If you wish to protect your trademark in other countries, you will need to file separate trademark applications in each country where you seek protection.
To expand your trademark protection internationally, you have a few options:
- National Applications: File separate trademark applications directly with the intellectual property office of each country where you want protection. This option is suitable if you plan to protect your mark in only a few countries.
- Regional Applications: In some regions, such as the European Union, it is possible to file a single trademark application that covers multiple countries within that region. This option can be more cost-effective and efficient if you want protection in multiple countries within the region.
- Madrid System: The Madrid System for the International Registration of Marks allows trademark owners to seek protection in multiple member countries by filing a single international application with the World Intellectual Property Organization (WIPO). This system streamlines the process of obtaining trademark protection in multiple countries.
It’s important to consider your business strategy, target markets, and budget when deciding where to seek international trademark protection. Protecting your trademark in key markets can be essential for preventing unauthorized use, maintaining brand identity, and avoiding potential legal disputes.
Before pursuing international registration, conducting a comprehensive trademark search in each target country is essential to identify potential conflicts with existing trademarks. Working with a trademark attorney who is familiar with international trademark law can help you navigate the complexities of international trademark registration and ensure that your rights are adequately protected in the global marketplace. An attorney can guide you through the process, advise on the best approach for your specific situation, and handle the paperwork and communications with foreign trademark offices on your behalf.
Is there such a thing as an “International Trademark”?
While there is no single “international trademark” that provides worldwide protection in all countries, there are mechanisms that allow trademark owners to seek protection in multiple countries more efficiently. These mechanisms are designed to streamline the process of obtaining trademark protection in various jurisdictions.
- Madrid System for the International Registration of Marks: The Madrid System, administered by the World Intellectual Property Organization (WIPO), allows trademark owners to seek protection in multiple member countries by filing a single international application. This application can be based on an existing national or regional trademark application or registration. The Madrid System simplifies the process of obtaining protection in multiple countries, reducing administrative burdens and costs. However, it is important to note that each country’s national trademark office must still examine and approve the application before protection is granted.
- European Union Trademark (now known as European Union Intellectual Property Office – EUIPO): Before Brexit, the European Union had a single trademark system that allowed trademark owners to obtain protection in all EU member countries with a single application. This system facilitated obtaining trademark rights across the entire EU market. After Brexit, the UK is no longer part of the EU trademark system, and separate applications are required for protection in the UK and the EU.
- Regional Trademark Systems: Some regions have established regional trademark systems that allow for unified protection in multiple countries within the region. Examples include the African Regional Intellectual Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI) for African countries, and the Benelux Office for Intellectual Property (BOIP) for Belgium, the Netherlands, and Luxembourg.
While these systems provide valuable tools for simplifying the process of obtaining international trademark protection, it’s important to note that each application is still subject to the laws and regulations of the individual countries or regions. Additionally, the Madrid System and regional systems only cover specific countries or regions that are part of the respective agreements.
If you are considering expanding your trademark protection internationally, it is advisable to work with a trademark attorney who is experienced in international trademark law. An attorney can guide you through the process, help you determine the most suitable countries or regions for protection based on your business goals, and handle the necessary applications and communications with foreign trademark offices to ensure your trademark rights are adequately protected in the global marketplace.
What is a trademark office action?
A trademark office action is an official communication issued by the trademark examining attorney at the trademark office in response to a filed trademark application. The purpose of the office action is to notify the applicant of any issues or deficiencies with the application that must be addressed before the trademark can be approved for registration.
There are two main types of trademark office actions:
- Non-Substantive Office Action: This type of office action typically relates to administrative or procedural issues in the application. It may include requests for clarification or correction of certain information, such as the identification of goods and services, the owner’s address, or the wording of the description. Non-substantive office actions usually do not affect the registrability of the mark itself, and the applicant can usually resolve them by providing the requested information or making the necessary amendments.
- Substantive Office Action: This type of office action raises substantive issues with the trademark application that may affect the registrability of the mark. Substantive office actions may be based on legal grounds, such as a likelihood of confusion with an existing registered mark or a lack of distinctiveness of the proposed mark. The examining attorney may cite specific sections of the trademark law or previous case law to support their findings. Resolving substantive office actions often requires more significant legal arguments and evidence to overcome the objections raised by the examining attorney.
When an office action is issued, the applicant typically has a specific period, usually six months, to respond and address the issues raised. Failure to respond or adequately resolve the office action within the given timeframe may result in the abandonment of the trademark application.
It is important to take office actions seriously and respond promptly and accurately. A well-prepared response can overcome the examiner’s concerns and increase the likelihood of successful trademark registration. If you receive a trademark office action, it is highly recommended to consult with a trademark attorney. An attorney can analyze the office action, advise you on the best course of action, and help craft a strong response to address any issues and maximize your chances of obtaining trademark registration for your mark.
What should I do if I receive an office action on my trademark application?
Receiving an office action on your trademark application can be a crucial moment in the registration process. It is essential to carefully review the office action, understand the issues raised by the trademark examining attorney, and take appropriate steps to respond. Here are the key steps to follow if you receive an office action:
- Thoroughly Review the Office Action: Read the office action carefully to understand the specific issues raised by the examining attorney. Pay attention to any legal grounds for refusal, such as a likelihood of confusion with existing marks, issues related to the description of goods or services, or lack of distinctiveness.
- Consult with a Trademark Attorney: Consider seeking advice from a trademark attorney as soon as possible. An experienced attorney can help you understand the implications of the office action, assess the strength of your case, and guide you through the response process.
- Address the Examiner’s Concerns: Prepare a comprehensive response to address the issues raised in the office action. Provide persuasive arguments and, if necessary, supporting evidence to demonstrate why your mark should be eligible for registration.
- Amend the Application if Appropriate: If the office action points out errors or inconsistencies in the application, make any necessary amendments to correct the deficiencies. This may include clarifying the identification of goods or services, updating contact information, or making minor changes to the mark’s description.
- Overcome Substantive Refusals: If the office action raises substantive issues, such as a likelihood of confusion with existing marks, you may need to provide evidence or legal arguments to overcome the refusal. This could include evidence of acquired distinctiveness (secondary meaning) or differences between your mark and the cited marks.
- Submit the Response Timely: Office actions typically provide a deadline, usually six months, to respond. Ensure that your response is submitted before the deadline to avoid abandonment of the application.
- Seek Extension if Necessary: If you need more time to prepare a comprehensive response, you can request an extension of time to respond to the office action. This must be done before the original deadline expires.
- Monitor the Status of the Application: After submitting your response, regularly check the status of your application to see if any further actions or requests for information are required by the examining attorney.
Navigating the response to a trademark office action can be complex, and a well-prepared response is essential to overcome any obstacles and move forward with the registration process. Working with a trademark attorney can significantly increase your chances of success. An attorney can craft persuasive arguments, address the examiner’s concerns, and help you achieve your goal of obtaining trademark registration for your mark.
How do I enforce my trademark rights?
Enforcing your trademark rights is crucial to protect your brand identity, reputation, and market position. If you believe someone is infringing on your trademark or using a similar mark that could cause confusion among consumers, you have several options for enforcing your trademark rights:
- Cease and Desist Letter: The first step in enforcing your trademark rights is often to send a cease and desist letter to the infringing party. The letter should clearly state your trademark rights, explain the infringement concerns, and demand that the infringing party stop using the confusingly similar mark. A well-drafted cease and desist letter can often resolve the issue without resorting to legal action.
- Negotiation and Settlement: If the infringing party is willing to cooperate, you may engage in negotiation to reach a settlement. This could involve licensing the trademark to the infringer under certain conditions, modifying their use of the mark to avoid confusion, or other mutually acceptable terms.
- Opposition or Cancellation Proceedings: If the infringing mark is the subject of a pending trademark application or has already been registered, you may consider filing an opposition or cancellation proceeding with the appropriate trademark office. These proceedings allow you to challenge the registration of the infringing mark based on your prior rights.
- Domain Name Disputes: If the infringing party is using the mark in domain names, you can consider initiating a domain name dispute resolution process through the Internet Corporation for Assigned Names and Numbers (ICANN) or other relevant domain name dispute resolution providers.
- Civil Litigation: If negotiations and administrative proceedings do not yield satisfactory results, you may choose to pursue a civil lawsuit against the infringing party in a court of law. This legal action seeks injunctive relief to stop the infringement, as well as damages or other remedies for the harm caused by the infringement.
- Customs Recordation: For international protection, you can record your trademark with customs authorities in various countries to help prevent the importation of counterfeit or infringing goods.
Enforcing trademark rights requires careful consideration and often involves legal complexities. It is advisable to work with a trademark attorney who specializes in intellectual property and trademark law. An attorney can assess the strength of your case, guide you through the enforcement options, and represent your interests in negotiations or legal proceedings. Prompt and effective enforcement of your trademark rights can help preserve the value and distinctiveness of your brand in the marketplace.
Why Trademark Registration Matters for Fremont Businesses
Located in the scenic San Francisco Bay area, Fremont California attracts tourists from around the country and has a diverse year-round population that loves to support local businesses. Fremont entrepreneurs know that it’s a great location to start a new venture. They also know the amount of work that goes into getting a small business off the ground. However, new business owners in the Fremont region should not put off trademark registration.
Imagine the following: Jessica is an avid bird watcher and has become an expert on birds that make their homes in Coyote Hills Regional Park and the Mission Peak Regional Preserve. She decides to turn her passion into a small business by giving guided bird-watching tours every weekend.
Jessica names her new venture the San Francisco Bay Bird Club. Her friend asks her if she’s going to register her trademark, but Jessica doesn’t think that’s necessary for her one-person operation. So, she gets to work creating a business plan, marketing materials, a website, and a logo. She also pays for advertising in local papers and birding magazines.
Jessica’s fledgling business soon takes flight. She’s giving multiple tours every weekend and even a few on weeknights. Jessica is starting to think she may have to hire some help. Unfortunately, she’s about to get some unsettling news in the form of a cease-and-desist letter. It turns out that there’s an exotic bird shop in the Brookvale neighborhood with a name very similar to Jessica’s business. The customers of the bird shop seem to think that their store and Jessica’s business are related in some way. The bird shop owners aren’t happy with this confusion.
Since the exotic bird shop trademarked their name, they are well within their rights to demand that Jessica cease operations and not resume until she renames her business. This could put Jessica out of business before she barely got off the ground.
Every business, whether it’s a one-person shop or a multi-national corporation, needs to protect their trademarks. Your first step is hiring a trademark attorney who can conduct a comprehensive trademark search before you start investing in your brand.
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 Fremont and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.