Sacramento, California Businesses Use Cohn Legal for Trademark Services
Serving Sacramento, California companies, Cohn Legal, PLLC is a boutique law firm that focuses on providing excellence in intellectual property protection. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates.
Top 10 Questions Sacramento Businesses Have About Obtaining a Trademark
What exactly 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, Kleenex, or Pepsi. These brand names have no meaning other than acting as identifiers of certain products.
What does it mean if the USPTO determines by trademark to be “generic”?
Generic terms can’t be trademarked by anyone. For example, no one 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.
I’m a one-person operation. Do I really need to register my trademark?
Every business, large or small, should take steps to register and protect their trademark. Even a one-person operation should apply for trademark registration with the USPTO. With a protected brand, you can have the confidence to invest in and grow your business.
How long does a trademark last?
Trademarks essentially last forever as long as you keep using it in commerce. About 5 years after a trademark is registered, the owner of the mark is required to show proof to the USPTO that the mark is still in use. About 5 years later, the mark will need to be renewed and then will need to be renewed every 10 years thereafter. A trademark attorney can help you stay on top of these important deadlines so that your trademark isn’t cancelled.
Does my business need multiple trademarks, or just one?
Most businesses will need to submit more than one trademark application. For example, you may want to obtain one trademark for your business name, one for your logo, and one for the name of your product. The trademark attorneys at Cohn Legal can help you determine how many trademark applications you’ll need to submit.
A competitor failed to trademark their logo. Should I register it for myself?
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. Speak to a trademark attorney about the advantages and disadvantages of trying to register a competitor’s mark.
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. That’s the ideal scenario.
If you have to prioritize, then trademark the name of your business first in plain text. 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 and its territories. You should consider registering your trademarks in any foreign countries where you manufacture or sell your goods. Speak to a trademark attorney about how to ensure your brand is protected around the globe.
What is a Trademark Office Action?
An Office Action is a letter from the USPTO that lists the reasons why your trademark application was rejected. If you receive an office action, then contact a trademark attorney as soon as possible. Your attorney can help you determine what the next steps are.
What is the Official Gazette?
The USPTO publishes the Official Gazette (OG) every Tuesday. This publication lists information about trademarks that have been approved by the USPTO. Once a trademark is published in the OG, a third-party has 30 days to come forward and oppose the trademark. If no one opposes the mark, then it is officially registered. If you have a registered trademark, then regularly monitoring the OG is one way to make sure that no competitors are infringing on your trademark rights.
Why Trademark Registration Matters for Sacramento Businesses
Sacramento, California host the California State Railroad Museum which depicts the construction of the Transcontinental Railroad and anyone who wants to take in the gorgeous views. It’s a great city to start a new business, but entrepreneurs need to make sure they register their trademarks right away.
Imagine the Following: Sam is a life-long resident of Sacramento and an expert cross-country skier. He has a day job but decided he can start a small business leading cross-country ski expeditions for tourists.
He chooses the name Mile High City Ski Club for his business and gets straight to work. He invests in a website, marketing materials, and ad space in local papers. Registering his trademark doesn’t even occur to him since his business is just a “side hustle.”
Sam’s business is going great and he’s earning more money than he had originally anticipated. However, he is about to get some frustrating news. There’s another ski-related business coming to the Sacramento area with a very similar name to Sam’s business. Even though that business hasn’t opened its doors yet, they did register their trademark over a year ago. They are well within their rights to ask Sam to cease operations.
Sam is confused because his business is so small, but after consulting with a trademark attorney, he quickly realized that he needed to halt his side hustle and rebrand. It’s an expensive and time-consuming process. If Sam had worked with a trademark attorney from the beginning, then this could have been avoided.
At Cohn Legal, we’re ready to help you secure the federal rights to your trademark. 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 Sacramento and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Sacramento 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.