Irvine, California Businesses Use Cohn Legal for Trademark Services
Cohn Legal Group specializes in intellectual property protection and trademark law for startups, entrepreneurs, and small business owners. Our trademark attorneys are highly skilled at helping companies in Irvine, California, and across the United States protect their brand names and logos. With Cohn Legal Group by their side, clients can expect nothing less than exceptional legal guidance and representation at cost-effective rates.
Top 6 Questions Irvine Businesses Have About Obtaining a Trademark
How does registering my trademark help me protect my business?
Registering your trademark with the USPTO is the most important action you can take to protect your business and your brand. Once your trademark is registered, it’s protected from infringement in all 50 states. That means, if you find a competitor or a third party using your trademark or something that’s confusingly similar, you have the right to send them a cease-and-desist letter and take further legal action.
How can a trademark attorney assist me in protecting my trademark rights?
The value a trademark attorney brings to business owners can’t be overstated. First, a trademark attorney can conduct a thorough trademark search to ensure that no one else has the mark you want. Second, your attorney can file a trademark application on your behalf, ensuring that it’s accurate and complete.
Once you own your trademark, your attorney can help you understand your trademark rights and advise you on the best way to monitor and enforce those rights. Your attorney can also ensure renewal documents are filed within the appropriate deadlines so you don’t lose your trademark. And, of course, your attorney is there to represent you in any court proceedings.
What is a clearance search?
A clearance search can be conducted by you or your trademark attorney. The purpose of a clearance search is to find out if another entity has rights to a trademark that you want to register.
There are two types of clearance searches:
- A knock-out search of the Federal Trademark records. If your desired mark or something very similar to it appears in these records, then it’s not available to you. You’ll need to choose a new trademark.
- A full search helps determine if the trademark you are using (but have not yet registered) is infringing on someone else’s trademark rights. A full search will include a knock-out search, as well as a search of state trademark registrations, common law sources, and Internet sources.
Will the USPTO let me know if someone is infringing on my trademark?
It is not the USPTO’s responsibility to inform you if someone is infringing on your trademark. Their role is to essentially review trademark applications and keep trademark records. It is up to the trademark holder to monitor the marketplace for possible infringement and take action when necessary. Many law offices like Cohn Legal Group offer monitoring services and can take that responsibility off of your hands.
I searched the Internet for my desired trademark. Is that sufficient?
Just searching the Internet for your desired mark isn’t enough to determine if the mark is available for use. Many trademarks won’t be revealed in an Internet search because they’re actually pending registration with the USPTO. In addition, an Internet search will often only pull up exact matches of what you entered and not show marks that could be very similar to your desired mark.
Hiring a trademark attorney to conduct a full clearance search is the best way to ensure that you won’t be infringing on anyone else’s trademark rights.
What exactly is the difference between a trademark and a service mark?
A trademark is a word, slogan, phrase, design, logo, or even a sound that is attached to a product. The trademark tells the consumer who is producing a particular product.
A service mark is the same as a trademark only it’s used with services instead of products.
Both trademarks and service marks that are registered with the USPTO come with valuable protections. Talk to a trademark attorney about protecting your brand and business by starting the trademark registration process.
Why Trademark Registration Matters for Irvine Businesses
Located in Orange County, Irvine California is repeatedly recognized as one of the safest cities of its size in the United States. Add to that its diverse population, proximity to gorgeous beaches, and a thriving local economy and it’s easy to see why small business owners enjoy setting up shop in Irvine. Irvine entrepreneurs know what it takes to run a successful business, which includes trademark registration.
Imagine the following: Derrick is a hot air balloon enthusiast and he’s decided to turn his passion into a side business. He wants to start offering hot air balloon rides to tourists on weekends. He’ll set up near Great Park and take passengers above Crystal Cove State Park, the Orange County Zoo, and other awesome sights.
He calls his business Orange County Ballooning and starts advertising in local papers, buys digital advertising, sets up a website, and invests in some new ballooning equipment. A friend asks Derrick if he’s going to trademark the name of his business. Derrick thinks his business is too small to worry about that so he proceeds with his plan.
Three months into his new venture, Derrick can’t believe how nicely his business is going. He’s making great money and having a lot of fun showing tourists the city he loves. However, Derrick soon gets some news in the mail that’s very disappointing. Apparently, there’s a party company called Orange County Balloons and they’ve trademarked the name.
Because the party company owns the trademark, they sent Derrick a cease-and-desist letter demanding that Derrick shut down his business and not reopen until he rebrands. This will take a lot of time and money on Derrick’s part. He’s not sure he’ll be able to resume this side business.
If you are considering starting a new business venture in Irvine, California then make sure that you work with a trademark attorney who can conduct a comprehensive trademark search early on. It’s the only way you can be sure that you’re not infringing on anyone else’s 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 Irvine and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.