Trademark Attorney Services for Your Chula Vista Business

The top 5 questions Chula Vista businesses have about obtaining a trademark.

What aspects of my business can be trademarked?

A trademark is anything that represents your brand in the marketplace. Business owners most commonly trademark their business and product names, slogans, and logos. If your brand has a signature color, however, or if you plan to market your product with a distinct sound or smell, you may want to register those as trademarks as well. Learn more about business vs product registration.

Do I need to register my trademark with the USPTO?

The United States is a common law country, which means your trademark will have some basic protections as soon as you begin to use it in public. These protections, however, are quite limited. First, you’ll have a more challenging time asserting your trademark rights in legal disputes. You’ll also only be protected in the small geographic region where your business is based. If you plan to expand outside Chula Vista and the San Diego area in the future, you may be prohibited from using your mark in certain regions where a similar mark is already in use. In order to have the presumption of validity nationwide, you will need to register your trademark with the United States Patent and Trademark Office, or USPTO.

When should I start the trademark registration process?

Right now! Ideally, beginning the process to register your trademark should be one of the first things you do when planning your business. Before you begin using your trademark in public, on things like signage, product labeling, or marketing materials, you’ll want to be sure that the mark is actually available for use. Delaying the registration process could leave your business vulnerable to infringement in the future.

Will my federally registered trademark protect me in disputes that occur outside the United States?

A trademark registered with the USPTO will be protected in trademark disputes that arise within the United States. Your federally registered trademark will not be protected outside the U.S. If you do business in another country, through sales, manufacturing, or distribution, you should strongly consider seeking trademark registration in that country as well.

Will working with a trademark attorney increase my chances of approval?

Yes, working with an experienced attorney will likely increase your chances of approval. In fact, a study by the University of North Carolina found that trademark applications submitted with the assistance of a trademark attorney were 50% more likely to be approved by the USPTO. This is because trademark attorneys will conduct a thorough trademark search, draft your application correctly, and respond to non-substantive Office Actions on your behalf, resulting in a smooth registration process from start to finish.

Common misperceptions about trademarks heard around Chula Vista, CA.

An examiner at the USPTO will conduct a trademark search, so I don’t need to do one first.

Once you’ve submitted your application and paid your fees to the USPTO, an examiner will be assigned to your trademark application. However, if your examiner finds that a confusingly similar trademark is already in use, your application could be rejected and your filing fees lost. Work with a trademark attorney to conduct a comprehensive trademark search prior to submitting your application. If you find that a similar mark has already been registered, you can make changes before submitting your application.

Another business has registered the trademark I plan to use, so now I cannot use it.

This may not be the case. The USPTO will reject a trademark application if it is likely to cause confusion in the marketplace. If the likelihood of confusion is low, however, you may still be able to register the trademark. Dove, for example, is a trademark that has been registered by both a chocolate company and a soap brand, because consumers aren’t likely to confuse the two businesses.

I don’t need a celebrity’s permission to include his/her name in my trademark registration.

The USPTO requires a person’s signature if their name will appear in a trademark. Any application without documented approval will be rejected.

I registered my product name, so that is enough to protect my brand.

If you’ve developed a product, registering that product’s name is a great start to protecting your brand, but it may not be enough to fully protect it. Consider other aspects of your business that represent your brand in the marketplace. Your business name, logo, and slogan, for instance, will all require trademark registration. If you are unsure which aspects of your business should be registered with the USPTO, contact Gerben IP.

I can begin using the symbol “®” as soon as I submit my trademark application to the USPTO.

The trademark registration symbol ® shows that your trademark has been federally registered. Using this symbol before your mark has been approved by the USPSTO violates federal law and could be grounds for rejection of your application. Prior to receiving approval from the USPTO, you are free to use the ™ symbol. Learn more about which symbol to use.