San Jose, California Businesses Use Cohn Legal for Trademark Services
Serving San Jose, California companies, Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Our trademark attorneys absolutely love helping companies protect their brand names and logos. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates.
Top 9 Questions San Jose Businesses Have About Obtaining a Trademark
Should I conduct a trademark search to see if the trademark I want is already taken?
Absolutely. The purpose of a trademark search is to determine which marks, if any already exist which are too similar to your prospective trademark, given the goods/services sold. If the marks and products are so similar as to cause a Likelihood of Confusion, your trademark will not pass review in the USPTO.
Your best option is to work with a trademark attorney who can conduct a thorough trademark search and guide you through the registration process.
Can I obtain a trademark on the functionality of my new car engine?
No. Trademarks protect brands, business names, logos, slogans, and even sounds. Trademarks cannot protection functionality which is instead covered by Patent law.
Can I trademark a color?
Generally, you cannot. In some very specific circumstances (perhaps you are a 100mm company and everyone knows you for the red bottoms on your shoes) you may receive limited color-trademark rights.
Is there much of a difference between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are typically made up words that have no meaning unless attached to a product or service. Pepsi or Exxon are examples of fanciful trademarks.
An arbitrary mark, on the other hand, is a mark which has meaning when standing on its own, but has no relation to the product or brand it’s being used to identify. The most common example is Apple. This common word has meaning on its own, but when applied to a technology company it becomes a strong trademark.
I’ve already submitted my trademark application. Can a trademark attorney still help me?
A trademark attorney can still help you even after you’ve submitted your trademark application. Your attorney can advise you on what to do if your application is rejected or give advice on what other pieces of intellectual property should be protected. If your application is approved, then then your attorney can help monitor the marketplace for any infringements of your trademark and represent you in court. It’s never too late to hire a trademark attorney.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?
If you are a business owner who lives in the United States or its territories, then you don’t need to be represented by an attorney at all. However, the USPTO strongly recommends that you do hire a U.S.-licensed attorney who can protect your best interests.
However, if you live outside of the United States, then it is required by the USPTO that you be represented by an attorney who is licensed to practice law in the United States.
What are the USPTO’s “Rules of Professional Conduct”?
The USPTO requires that all attorneys appearing before them must abide by the Rules of Professional Conduct. These rules require that any attorney representing you:
• Has the ability and knowledge to competently represent you.
• Keeps you informed about the status of your trademark matter.
• Makes no false statements (doesn’t lie) to the USPTO.
Make sure that the trademark attorney you hire has promised to abide by the USPTO’s Rules of Professional Conduct.
Do I need to worry about trademark registration? I’m just a one-person operation.
Every business owner, whether they have 500 employees or they are sole proprietors should take steps to register and protect their trademark. A strong trademark is important for one-person operations because it allows them to invest in their brand and grow if they choose to in the future.
What is a specimen?
The USPTO requires a “specimen” as part of your trademark application. A specimen is simply a sample of your trademark. It could be a product label, a website screenshot, a photo of your packaging, marketing materials, etc. Consult a trademark attorney if you are unsure about what the USPTO will accept as a specimen.
Why Trademark Registration Matters for San Jose Businesses
San Jose is one of the most beautiful cities in America. Tourists flock to San Jose each year to take part in a variety of outdoor activities. All of this tourist activity makes it an attractive location for entrepreneurs. There’s plenty of opportunity in San Jose, but no business anywhere in the country can be successful without a proper trademark registration.
Imagine the following: Jennifer is a long-time resident of San Jose and enjoys mountain biking whenever she gets the chance. She’s also become adept at bike repairs.
She decides to turn her skills into a business called Mobile Mountain Bike Repair. Jennifer plans to offer bike repairs to residents and tourists in the area. However, she’ll bring a van and her tools to the customer’s house and complete the repair on-site. She believes that this will differentiate her from other bike fix-it shops in the area.
She moves forward with her idea, investing time and money into equipment, a logo, a van, and marketing materials. She also has an app created that her customers can use to schedule appointments with her. She doesn’t consider trademark registration because she thinks her business is too small.
Unfortunately, Jennifer is about to hit a major speed bump. Turns out, there’s a mobile app already in development called Mobile Bike Repairs, which matches bike owners to repair shops near them. The creators of the app have a registered trademark and they’ve sent a cease-and-desist letter to Jennifer. She’ll have to halt operations until she can rebrand.
If Jennifer had hired a trademark attorney to do a thorough trademark search, then she could have avoided these issues.
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 San Jose and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for San Jose 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.