San Jose, California Businesses Use Cohn Legal for Trademark Services

* 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.

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 Google search to see if the trademark I want is already taken?

Before you file your trademark application with the USPTO, you’ll want to determine if your desired mark is available for registration. Some people think a Google search is sufficient, but that’s a mistake. Google will only alert you to exact matches to your trademark. Most trademark disputes, however, do not arise from exact matches, but rather, similar matches to your trademark which may cause confusion in the marketplace.

Your best option is to work with a trademark attorney who can conduct a thorough trademark search and guide you through the registration process.

Are trademarks and patents the same thing?

There is a difference between trademarks and patents. Trademarks protect brands, business names, logos, slogans, and even sounds. Patent law protects inventions. So, for example, if you invented a new device, you would patent it. If you gave your device a unique name, then you would trademark the name.

Can I apply for a trademark anonymously?

All filings with the United States Patent and Trademark Office are public and the name of the trademark owner must be disclosed upon filing.

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.

Additional Information on Trademark Registration for San Jose Businesses

San Jose’s booming economy makes it a great place for new business owners to follow their dreams. If you’re planning on starting your own small business in this Silicon Valley city, be sure to take the time to register your trademark.

Consider this scenario: June has always loved interior decorating and housewares. One day, while walking through Evergreen she sees the perfect location to open up the home décor shop she’s always fantasized about owning. She wastes no time signing the lease and purchasing inventory. She decides to name her shop The Designer’s Dream. She creates a website and orders gorgeous signage for the store. She wonders if she should follow through with trademark registration, but June decides she just doesn’t have enough time to take care of that right now.

June’s shop sees immediate success. Customers from the Evergreen area flock to her store and tell their friends. Unfortunately, June is about to receive some devastating news. She receives a cease-and-desist letter in the mail.

As it turns out, there is an interior design firm in Los Angeles called The Designer’s Dream Home and they trademarked the name years ago. They found out that several clients were getting confused. They thought the store was connected to the design firm in some way.

Now, June must shut down her successful business and cannot reopen until she rebrands her business. It’s going to take a lot of time and a lot of money before June can open her doors again. If she had worked with a trademark attorney from the start, she could have avoided this.

If you’re thinking about starting a new business, then be sure to contact Cohn Legal for a free trademark consultation. We can help you create a smart and affordable trademark strategy to ensure your brand and your business is protected.

Trademarks Services for San Jose 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