Huntington Beach, California Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm with a focus on trademark protections for businesses in Huntington Beach, CA. We can handle trademark prosecutions, transactional work, and all other aspects of intellectual property law. Our goal is to provide you with the best legal advice and strategies to protect your trademarks and intellectual property.
Top 5 Questions Huntington Beach Businesses Have About Obtaining a Trademark
How do I submit a trademark application?
If you want to register a trademark, then you need to use the Trademark Electronic Application System (TEAS). TEAS is an online portal where you can submit your application to the United States Patent and Trademark Office (USPTO) and pay the required fees.
After you submit your trademark application through TEAS, an examining attorney at the USPTO will evaluate your application and search the USPTO database to ensure your mark is not too similar to a pending or approved trademark.
If the examining attorney decides that your mark is distinct and unique, the mark will be published in the Trademark Official Gazette for 30 days. During that 30 days, any party who objects to the approval of your mark may come forward. If no objections arise, then your trademark will move to the final steps in the registration process.
Why should I get my trademark registered?
There are many reasons why you should register your trademark. Here are a few:
- Your trademark will appear in the USPTO’s database.
- You may file a lawsuit concerning your trademark in federal court.
- Your trademark registration is proof that you own the trademark. No other evidence is required.
- Your federal trademark registration can serve as the basis for getting trademark protection in other countries.
- You have the right to use the trademark registration symbol, ®, with your trademark.
Am I required to hire a trademark attorney?
If you are living outside of the United States and you want to register a trademark, then you must hire a U.S.-licensed attorney to represent you. If you live within the United States, then you are not required to have an attorney.
However, the USPTO urges everyone who conducts business with the USPTO to hire a trademark attorney. An attorney will:
- Prepare and submit your trademark application.
- Correspond with the USPTO on your behalf.
- Ensure that all trademark maintenance documents are submitted.
- Represent you in federal court, as necessary.
- Give you sound legal advice and guidance about your trademarks and intellectual property.
What is the difference between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are made-up words that only have meaning when applied to a good or service. An example of a fanciful trademark is Pepsi® or Kleenex®. The words have no meaning by themselves but do have a meaning when referring to an underlying product.
An arbitrary mark is a word that has meaning but is unrelated to a particular good or service. One example of an arbitrary mark is Peter Pan® brand peanut butter. Peter Pan is the name of a character in a children’s book. As the name of a brand of peanut butter, it is distinctive.
Can I request an expedited review of my trademark application?
It can take anywhere from 9 to 18 months to get your trademark approved. Generally, the USPTO doesn’t approve requests for expedited application reviews.
However, there are very special certain circumstances in which they may expedite the process:
- In matters of litigation.
- When the possibility of trademark infringement exists.
- There is a need to get a U.S. trademark as the basis for a foreign trademark.
If any of the above situations apply to you, then contact a trademark attorney for assistance.
Why Trademark Registration Matters for Huntington Beach Businesses
Huntington Beach, California has earned its nickname “Surf City, USA” by having the best surfing conditions on the Pacific Coast. Smart business owners in the area know the opportunities that come with setting up shop in a community with a constant influx of tourists. However, to ensure their businesses are truly successful, these entrepreneurs need to register their trademarks with the USPTO.
Imagine the following: Chloe has spent the last year perfecting a unique smoothie recipe. With the encouragement of her friends, she decides to take a chance on herself and open up a business.
Chloe comes up with the name Sunshine Smoothie Company and starts planning. First, she finds a good deal on a small food truck and takes out a loan to buy it. Then she creates a marketing plan, develops a website, sets up her social media accounts, prints menus, and orders cups and napkins with her logo on it. She even has her logo airbrushed on the side of her truck.
Chloe knows a bit about trademark registration, however, she decides to put that on the back burner. She’s just too busy with a million other things.
Four months later, Chloe can’t believe how well her business is doing. She spends her mornings in the Golden West neighborhood and eventually makes her way to Downtown Huntington Beach in the afternoon. All the while, she’s whipping up her delicious smoothies for more and more customers every day.
Unfortunately, Chloe is about to get some news that’s going to put the brakes on her operation. She receives a cease-and-desist letter in the mail. It turns out there’s a small chain of Sunshine Smoothie Shops in Virginia, Georgia, and Florida. The owners of that chain came across Chloe’s social media accounts and website. Since they had trademarked the name of their business more than a decade ago, they are well within their rights to demand that Chloe shut down her smoothie truck and not reopen until she rebrands. They also threaten legal action if she doesn’t comply.
Chloe is going to have to spend a great deal of time and money rebranding her entire business. Although trademark registration may seem like a minor issue when dealing with all of the other aspects of starting your own business, it shouldn’t be ignored. If you know that you want to start a business, then speak to a trademark attorney about registering your trademark with the USPTO as soon as possible.
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 Huntington Beach and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Huntington Beach Businesses
Submit Your Trademark
Now in 4 Easy Steps
TRADEMARK INFORMATION
Complete the Trademark Registration Form.
PRELIMINARY SEARCH
Our IP Attorneys will run a search of your trademark in the USPTO.
TM APPLICATION
We draft your TM Application and send it to you for your Review.
USPTO
We File the Application with the USPTO.