Have you developed an amazing idea and want to use it for your business? Do you need to obtain a trademark, but don’t know how? Are other companies in competition for the same or a similar idea and racing to trademark theirs? If the answer to any of these questions is “yes”, you’ll want to pursue getting a trademark for your Lemon Grove business right away.
Delaying obtaining a trademark can cost your company a big opportunity, since trademarks go a long way in defining your brand. Don’t let another company or individual swipe the rights to your slogan, phrase, domain name, logo, or other creation of your making.
Are you worried about your trademarks? Has somebody wrongfully used them? You don’t have to sit back and let them do it. You have the right to fight back and keep the rights to your precious trademark assets. The experienced trademark attorneys at Trestle Law are ready to assist you. To receive a no-strings complimentary consultation, contact Trestle Law today.
As you know, a good trademark provides a strong competitive advantage to your company. For starters, trademarks offer great brand recognition and differentiate you from your competitors. Trestle Law completely understands the value of a trademark.
If you are a Lemon Grove business, working with Trestle Law to preserve your registered trademark could be beneficial to you. As a full-service intellectual property law firm, our legal team fully commits itself to our clients by helping them in many ways, from developing and registering a trademark to battling those who commit trademark infringement against you.
The Trestle Law team is passionate about trademark rights and is ready to help you obtain and maintain legal rights over any property of your creation. Our law firm dedicates itself to handling all aspects of intellectual property law and does not fear pursuing litigation. We represent businesses of all kinds and love to work with startups, entrepreneurs, small businesses, and venture capitalists. We’ll pursue all avenues within the realm of trademark law to help your Lemon Grove company protect itself. (We invite you to visit our lawyer profile page to learn more about us.)
Trademark prosecution is a technical term that describes the necessary process involved with applying for a trademark with the U.S. Patent and Trademark Office (USPTO). When you work with Trestle Law, our intellectual property attorneys can help you find a trademark or create a strategy so you do not conflict with other businesses. We’ll then help you register and protect it.
Your business can register a trademark in one of two ways. You can do a state registration (not typically recommended) or a federal registration, which is in all 50 states. To do a federal registration, you’ll want to apply for a trademark with the USPTO. To help you successfully do this, Trestle Law can help with trademark prosecution processes.
You’ve worked hard to develop your trademark idea, and it is logical you’ll want to protect it. While it’s advantageous to file your trademark application with a knowledgeable intellectual property lawyer, you can do this on your own. To file a trademark in California without assistance, you can do so online, in person, or through the USPS. Your best option is to file directly with the USPTO. Online is always the fastest method.
No matter what, Trestle Law is ready to provide whatever legal services you need to help you preserve the rights to your trademark. If you want legal advice about your trademark, give our law office a call.
One of the most significant benefits associated with getting your trademark federally registered with the USPTO is your intellectual asset will be protected not just in California, but nationwide. No one else will be able to create the same or a similar trademark to yours. Other benefits you get include:
Getting your trademark registered and filed with USPTO protects you against others who can potentially cause damage to your brand or try to profit off of your success. A business attorney, such as Trestle Law, who specializes in intellectual property law, can help you solidify the rights to use and maintain your trademark.
It’s important for businesses to recognize that while the USPTO registers and will not approve identical or similar trademarks for commercial use, it doesn’t “police” trademarks. It is the responsibility of trademark owners to ensure no one else illicitly uses their mark.
If you discover another business or other organization is using your trademark or one that looks quite a bit like your mark, you’ll want to start by sending a cease and desist letter. If they ignore your letter and continue to use the trademark, you have the right to pursue civil litigation against them.
Getting your trademark approved and registered is only a part of the equation to maintaining ownership of your intellectual property. You need to maintain it as well, because trademarks are not given in perpetuity. Approvals for trademark registrations are good for 10 years, at which time they expire unless the business actively takes steps to maintain their trademark(s).
Between the fifth and sixth year of obtaining your trademark, you must file “maintenance documents” and then repeat this process between the ninth and tenth year and then every 10 years.
You’ll want to mark these deadlines and not miss them because if you don’t maintain your trademark, it’ll expire after 10 years if it isn’t maintained. Make sure you renew your trademark. Cancellation of your trademark will mean you losing the right to your mark and essentially putting it up for grabs for another business to take and legally use. Not only do you lose a valuable asset, but then another can either piggyback off your success or cause real damage to your brand.
In today’s digital age, there are many identifiers associated with brands. This includes domain names your company uses on the web. Unfortunately, cybercriminals often commit reverse domain hijacking. You’ve probably heard of cybersquatting which is when a person or entity buys a company’s trademarked name and uses it when registering a domain to sell for profit or use it for themselves to divert business from the legal trademark owner.
With reverse domain name hijacking, the opposite occurs. What happens is an individual contacts a business claiming to be the trademark owner and that your domain infringes upon their ownership and use. Sometimes they’ll demand or bully you to give it up for free and transfer the domain name to them. Don’t let this happen. If you receive any contact insisting you are in violation, contact a trademark attorney who can vet the situation.
Businesses that attempt to federally register a trademark must go through an approval process by the USPTO. If your trademark is judged to be too similar to an existing trademark, you won’t be able to register it. This is for everyone’s protection and prevents trademark confusion from occurring.
The USPTO follows several steps when processing trademark applications. First, it looks at each registration application it receives and makes certain it’s compliant with U.S. government law and the Trademark Rules of Practice. If something doesn’t comply, it’s likely the application will be rejected.
The federal agency utilizes several factors to judge the likelihood of confusion when examining trademarks. What this means is the USPTO looks to see if there is a current mark that is very similar or the same as one previously registered in its database or if any pending applications exist with an earlier date stamp. The agency works to ensure two businesses selling similar goods or services won’t confuse consumers in terms of branding.
To determine any similarity of marks, the USPTO examines a trademark’s attributes, including sound (even if spelled very differently), appearance, and impression. This goes for words, phrases, logos, and slogans. Essentially, if a trademark is too similar in any way to another, there is a good chance the trademark application gets a denial.
The USPTO might allow two trademarks to exist if the businesses are very different from one another. For instance, if a company sells cosmetics, but another is a diner that prepares and serves food, the USPTO might approve a trademark that is similar because they are two totally different business sectors, making it highly unlikely consumers would experience confusion.
Yes, you can appeal the USPTO’s decision. To do this, you’ll need to file an appeal through the Trademark Trial and Appeal Board (TTAB). The TTAB is a neutral entity that functions like courts do, except they focus solely on trademark matters at the USPTO, specifically on registration matters. The TTAB will examine whether or not you have the right to register a trademark, but it isn’t authorized to decide on matters of use, infringement, or unfair competition.
Whatever you need relating to a trademark issue, Trestle Law is here for you. The following is just a sample of the services we provide to our clients.
Whether you’re a large business or a family-owned LLP, our trial lawyers will work hard to protect your intellectual property rights and trade secrets. We won’t shy away from litigation. Need a defense attorney against a company accusing you of violating their trademark rights? Our Lemon Grove trademark lawyers can help with that too.
While you can certainly work through the trademark process on your own, it’s highly beneficial for you to work with an attorney when it comes to trademark prosecution matters. Trademarks are one of a California business owner’s most valuable assets. Most businesses find working with an attorney from the beginning helps them to develop and protect this important asset.
Consider the fact that each year hundreds of thousands of companies file trademark applications, just in the United States alone. Many of these applications will be denied due to technical issues or not enough in-depth research when searching for existing trademarks. The USPTO even recommends businesses hire an attorney if they are domestic. If you are or plan to be international, having an attorney is required.
Trestle Law is 100% ready and equipped to help you with your trademark needs.
Do you need a Lemon Grove business attorney to help you preserve your trademark rights? Are you dealing with another intellectual property legal issue? If so, Trestle Law is here for you. Our trademark lawyers have years of experience and can help you file the correct paperwork, perform trademark searches, and protect you from infringement. We invite you to visit our website to learn more about the additional services we can provide for your company.
Ready to get started? To receive a no-strings-attached discovery call to discuss trademarks or to learn more about our other practice areas, contact Trestle Law today. Prior to our initial complimentary consultation, we’ll send you resources, including PDFs, videos, and blog entries, for you to view before we talk.
Our attorneys service businesses in San Diego County and throughout the state of California, nationwide, and globally.