Trademark Attorney Services for Your Fontana Business

The top 5 questions Fontana businesses have about obtaining a trademark.

Do I have any trademarks?

If you plan to sell a product or service, you have trademarks. A trademark can be anything that represents your brand in the marketplace, from your business and product names to your logo, slogan, or even signature color. If you are unsure about what aspects of your business should be registered trademarks, Gerben IP can assist you.

How long does it take to register a trademark?

The process to register a trademark typically takes around 8-10 months from start to finish. However, when an application isn’t correctly completed or important information is lacking, it can take a year or more to be approved by the USPTO. Working with an experienced trademark attorney can streamline the process and reduce delays.

Can I use a business name that someone else is using?

It depends. If your trademark is likely to cause confusion in the marketplace, it may be rejected by the USPTO. However, if your mark is not likely to be confused with the other business’s mark, it may still be approved. For example, Pandora is the name of a jewelry brand and a music streaming service. Because consumers aren’t likely to confuse the products and services offered between the two brands, both are able to use the name.

How can a trademark attorney help me?

Trademark registration can be stressful and time-consuming when you take the DIY approach. Your trademark attorney will conduct a comprehensive trademark search, draft your application, including the right trademark classes and specimens, and even respond to non-substantive Office Actions on your behalf, all while you remain focused on growing your business. Once your trademark is registered, your attorney can also monitor its use and assist you in taking legal action against infringement.

What should I do if another business is infringing on my trademark?

It’s important to find infringement and take quick action to stop it. However, each situation is unique and often requires a different response. If you find another business using a confusingly similar mark, work with your attorney to determine the best course of action. Often, a cease-and-desist letter is all that is needed to put the infringer on notice, but occasionally, more formal legal intervention may be needed.

Common misperceptions about trademarks heard around Fontana, CA.

I don’t need to conduct a trademark search because the USPTO will do one once I submit my application.

After you submit your application to the USPTO and pay your filing fees, an examiner will conduct a trademark search. However, if the examiner finds that a confusingly similar mark is already in use, your application will be rejected and your filing fees lost. When you conduct a trademark search before submitting your application, you’ll find out if similar marks are already in use and be able to make changes before moving forward with the registration process.

It’s not a big deal if another business is using my trademark.

When another business infringes on your mark, it can have lasting effects on your business. Customers can be confused and begin using the other business’s services or purchasing their products, but it doesn’t just affect your bottom line. If the other brand’s products or services are inferior to yours, your brand’s reputation could be diminished. While monitoring and policing your mark can take time away from other aspects of your business, it’s important to protect your brand. Fortunately, many trademark attorneys, including those at Gerben IP, offer monitoring services and will assist you in taking legal action when needed.

I just registered my trademark, so I don’t need to renew it for ten years.

Meeting the renewal deadlines set by the USPTO is critical to maintaining ownership of your trademark. However, for new trademarks, the first renewal deadline occurs between the fifth and sixth year, and again between the ninth and tenth year. After that, you’ll need to register your trademark every ten years to maintain ownership.

I registered my business’s name, so my brand is protected.

Obtaining trademark registration for your business name is important, but it may not be enough to protect your brand. Consider everything that represents your brand in public, which, in addition to your business name, also includes product names, slogans, logos, colors, and even sounds. All of these things will also need trademark registration to fully protect your brand from infringement.

I should wait until my business is open to register my trademarks.

 Waiting to register your trademark could leave you vulnerable to infringement in the future. Before you begin to use your trademarks in the marketplace, you should know that they are available for use, which can be done through conducting a trademark search. Starting the process early will also lock in a valuable protection. The day that you submit your application to the USPTO will become your priority date, and anyone looking to file a similar mark after that date will not be approved. Contact Gerben IP to start the registration process today.