San Diego, California Businesses Use Cohn Legal for Trademark Services

* Cohn Legal, PLLC is not located in San Diego and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.

Serving San Diego, California companies, Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. 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 San Diego Businesses Have About Obtaining a Trademark

What does the term “fanciful trademark” mean?

Fanciful trademarks are terms or words that are completely made up and have no meaning outside of their use as a brand or product name. Exxon is one example of a fanciful trademark. Doritos is another example. These brand names have no relevance other than acting as identifiers of certain products.

What are international classes?

As you draft your trademark application for the USPTO, you’ll need to select from a list of 47 international classes. These classes outline the goods and services that can be represented through trademark registration. Select the class or classes that best represent the goods or services you plan to offer under your trademark. If you are unsure about which class best represents your goods or services, then consult with a trademark attorney.

Should I worry about my trademark expiring?

Here’s some good news for you. A federally registered trademark won’t expire, but you do have to meet renewal requirements set forth by the USPTO. The deadlines for renewal occur at 5 and 10 year intervals. If you miss a renewal deadline, your trademark could be cancelled, so be sure to stay on top of it. Better yet, talk to a trademark attorney who can ensure you meet those deadlines and complete the renewal documents on your behalf.

Do I have to hire a trademark attorney near me?

There is no reason you need to hire a trademark attorney within your state or region. Trademark registration is a federal matter so you can hire a trademark attorney anywhere in the country to assist you.

What does it mean if the USPTO determines by trademark to be “generic”?

Generic terms are words that are so common that everyone uses them. For example, no one computer manufacturer is allowed to trademark the term “computers.” If a computer manufacturer was allowed to do that, it would mean that no other computer manufacturers would be able to use the word. It’s simply unreasonable and unfair to give one particular company the ability trademark a generic term.

What’s the difference between the ® and TM symbols?

Use of the ® symbol after your mark is only allowed after your mark is federally registered. Use of that symbol beforehand is unlawful.

The TM symbol can be used any time, even if your trademark application has not been approved yet.

Does my business need more than one trademark?

Most likely, you’ll need to submit more than one trademark application. For example, you may want to trademark your business name, your logo, and the name of your product. Consult with the trademark attorneys at Cohn Legal to determine a smart trademark strategy.

Can I register my trademark before I start to use it?

Yes, you can register your trademark before you start to use it. In fact, it’s better for you if you do so. Make sure you submit an “Intent to Use” trademark application to the USPTO. If the trademark is allowed, then the USPTO will give you 6 months to show that you are using the mark in commerce. However, if you’re not ready to use your mark in commerce after 6 months, then you can file for an extension which will give you another 6 months. The USPTO allows up to 5 extensions.

Does my U.S.-registered trademark protect my mark from infringement in other countries?

Your U.S. registered trademark gives you protection within the Unites States and its territories. Your mark won’t be protected in other countries unless you register your trademarks in those countries. Speak to a trademark attorney about how to ensure your brand is protected around the globe.

Does hiring a trademark attorney increase my chances of getting my trademark application approved?

Hiring a trademark attorney does, in fact, increase your chances of getting your trademark application approved. With a trademark attorney assisting you, you’ll know that your trademark application will be submitted completely and accurately. In fact, a recent study conducted by the University of North Carolina found that trademark applications submitted with the assistance of an attorney were 50% more likely to be approved by the USPTO.

Additional Information on Trademark Registration for San Diego Businesses

There’s never been a better time to open a business in the San Diego area. Many entrepreneurs are understandably concerned about costs, especially as they’re starting out. Some San Diego business may try to save on the costs of trademark registration by taking a DIY approach to the process. Sometimes, doing things yourself as a new business owner is a great way to save money, but it is not recommended for trademark searches and registration.

Consider this scenario: Lucia is a water sports enthusiast who decides to follow her dream of opening her own shop in Mission Beach. She plans to sell surf boards, paddle boards, kayaks, wetsuits, and accessories. She chooses the business name The Pacific Paddle and does a quick search on Google to be sure that no other shops are using the same name. She doesn’t see any other business using that name so she figures that she’s in the clear. She gets started with renovating the space, creating a website, and developing marketing materials.

Unfortunately, Lucia soon learns some upsetting news. There is a tour company in Orange County called Pacific Paddling. They believe that the name of Lucia’s shop could cause some confusion among customers. Because they have registered their name with the USPTO, they are well within their rights to send Lucia a cease-and-desist letter.

Now Lucia must delay the opening of her shop and rebrand everything. That’s an expensive and time-consuming proposition. If Lucia had worked with a trademark attorney from the start, she would have learned of the existing business and could have chosen a different name that was available for use.

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.

Trademarks Services for San Diego Businesses

• Trademark Search Services
• Trademark Application Filing
• Trademark Infringement Defense
• Trademark a Name
• Trademark a Phrase
• Trademark Cease and Desist Letters
• Trademark Office Action Response
• Trademark Abandonment