Santa Ana, California Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a startup and trademark legal firm providing service to clients in Santa Ana, California, throughout the United States, in Europe, and Israel. Cohn Legal attorneys operate with the singular goal of acting as your legal consigliere, continuously providing you with the best legal advice and strategies to protect your trademarks and intellectual property.
Top 8 Questions Santa Ana Businesses Have About Obtaining a Trademark
What is the USPTO?
The United States Patent and Trademark Office (USPTO) is the federal office that reviews trademark and patent applications. They also maintain records of existing and pending trademarks. They do not enforce trademark rights. It’s the sole responsibility of the owner of the trademark to monitor the market and protect themselves against trademark infringement.
Do I need to conduct a trademark search before filing my application?
There’s no law or requirement that says you must conduct a trademark search before filing an application, but it’s something you should definitely do. You can access the USPTO’s database of registered trademarks to search for a trademark that may be similar to yours. It’s also a good idea to hire a trademark attorney who can conduct a comprehensive clearance search for potentially conflicting marks.
Why can’t I register a descriptive trademark?
A “merely descriptive” mark is one that simply describes a function, feature, purpose, or characteristic of the product being manufactured. For example, you wouldn’t be able to brand your new frozen yogurt as “cold and creamy” as those are two words that describe the characteristics of any frozen yogurt. All frozen yogurt manufacturers should have access to these common words to describe their product.
How long does a trademark last?
What many people don’t realize is that trademarks have no expiration date. You just need to keep up with the renewal deadlines that are set by the USPTO. Your first renewal will come up approximately 5 years from the date you first registered the trademark. Your second renewal will come approximately 5 years after the first. All subsequent renewals will be required every 10 years thereafter. Renewal isn’t difficult, you run the risk of having your trademark canceled if you miss a deadline. It’s a good idea to hire a trademark attorney who can stay on top of those important deadlines for you.
Why should I hire a trademark attorney?
There are several reasons why you should hire a trademark attorney. A U.S.-licensed trademark attorney can:
• File a trademark application with the USPTO that is complete and accurate.
• Select an appropriate specimen that shows how your trademark will be used in commerce.
• Respond to questions you may receive from the USPTO.
• Fight challenges brought by others against your trademark.
• File trademark renewal documents on your behalf.
• Monitor the market to ensure no one is infringing on your trademark.
Here’s the bottom line: A trademark attorney is your advocate and will fight hard for your rights as a business owner to trademark your intellectual property.
Should I wait until I begin business operations to file my trademark registration?
You should file a trademark registration well before you begin business operations. Once you’ve decided on a business name or logo, and you’ve conducted a search to be sure it isn’t already in use, you should file your application. Failing to do so early on could result in finding out that your trademark infringes on another business, leading to costly changes and legal fees.
Can I file a trademark application to cover products I don’t plan to sell?
No, you cannot file a trademark for goods you don’t plan on selling. Your trademark application must be for specific goods that you (1) are actually selling or (2) intend to sell in the near future.
Why was my trademark application rejected?
There are a variety of reasons that your trademark application may be rejected. The most obvious reason is that the mark or something similar to it is already in use.
Other reasons for trademark application rejections could be that the examiner believes the trademark is too generic, too descriptive, includes a surname, or is a name of geographic significance. Your trademark attorney can advise you on your best response to a rejected application.
Additional Information on Trademark Registration for Santa Ana Businesses
If you’re a business owner in Santa Ana, it really doesn’t matter what the size of your business is, you should have a plan in place to register your trademark as soon as possible.
Without a trademark, you’re taking a huge risk. Another business might have a trademark that’s very similar to the one you want. That opens you up to serious legal issues.
Imagine the following: Alex was born and raised in Santa Ana and knows the city better than anyone. He decides to combine his love of bikes and his love of his home city and start a biking tour business.
Alex chooses the name Discovery Bike Tours. Alex finds an affordable storefront, purchases a fleet of 20 bikes, and brands them with his new logo. He decides to hold off on trademark registration because he’s eager to get started.
Alex’s business was a success almost overnight. He was even considering hiring some employees because he was biking around the city way more than he ever thought he would.
What Alex didn’t realize is that there was another business that started up a year before he did name Discovery City Bus Tours. That business had a registered trademark and was well within their rights to take legal action against Alex.
As quickly as his business started, it came to an end. Alex had to shut down and could not open up again until he re-named and rebranded his business. Had Alex hired a trademark attorney, the attorney would have done a thorough search of existing marks and discovered the name of the bus tour company, and advised Alex to choose a new name.
The very first thing a business should do is make sure their intellectual property is protected. At Cohn Legal, we are skilled trademark attorneys who can conduct a trademark search and help you register your desired trademark the right way. 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 Santa Ana and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.