Trademark Attorney Services for Your Fremont Business

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

How are trademarks and patents different?

Trademarks and patents are both forms of intellectual property, but each protects a different aspect of your business. A trademark, for instance, protects anything that represents your brand in the marketplace, like business names, product names, logos, and slogans. Patents, on the other hand, protect new and novel inventions. It’s possible as a business owner that you’ll need both trademarks and patents to protect your business. If you are unsure about the type of IP your business has or needs, contact us today. Visit our blog for additional information on the 3 main types of IP.

Will my registration trademark be protected across the country?

Yes, once your trademark has been registered with the USPTO, you’ll have the presumption of validity nationwide. This means that you’ll be able to do business anywhere in the United States without the concern for infringement. Without a registered trademark, you’ll only be protected in the small geographic area where your business is based. If you plan to do business outside the Bay Area in the future, you may be prohibited from using your mark in certain areas if a similar mark is already in use there.

When should I start the trademark registration process?

As soon as possible. In fact, trademark registration should be one of your very first priorities as a business owner. Before you invest in product labeling, create your website, and hang signage, you’ll want to be sure that your trademark is protected, and that you aren’t infringing on another business’s mark. Delaying the registration process could leave you vulnerable to infringement and legal battles in the future.

Can I sell my trademark?

Your federally registered trademark is a business asset, just like your inventory, equipment, and work vehicles. It can be sold along with your business, and is often a requirement for future investors and potential buyers. Your registered trademark can even grow in value as the value of your business increases.

What should I do if someone else is using my trademark?

Infringement could have lasting effects on your brand, from losing customers to a damaged reputation, so it’s critical to take action when someone is truly infringing on your mark. However, before you contact the potential infringer yourself, it’s best to engage an experienced trademark attorney. Your attorney will determine the best course of action, Occasionally, formal legal proceedings will need to be taken, but often, a cease-and-desist letter is enough to put the infringer on notice.

Common misperceptions about trademarks heard around Fremont, CA.

The USPTO will tell me if someone else is using my trademark.

The USPTO will review your application and make a determination about approval, but they won’t monitor your trademark once it’s been registered. As a trademark owner, that will be your responsibility. Fortunately, many trademark attorneys, including those at Gerben IP, offer monitoring services.

I Googled my name and no one else is using it, so it’s available for registration.

This may not necessarily be true. A Google search is likely to return only exact matches to your mark, but most trademark disputes actually arise due to similar marks, not exact matches. Engage a trademark attorney to conduct a comprehensive trademark search. Your attorney will use a sophisticated software to search the trademark database, finding not only exact matches to your mark, but confusingly similar matches as well.

My business won’t benefit from international trademark registration.

We live in a global economy, so it’s likely that you will reach customers outside the United States, if you aren’t already doing so. You may also manufacture your product overseas. Unfortunately, your federally registered trademark will not protect your brand in disputes that occur outside the U.S. In order to protect your trademark in other countries, you should strongly consider registering your trademark in those countries as well. Learn more about the main reasons to register your mark internationally.

I should register for as many trademark classes as possible.

This may seem like a good way to get the broadest protections possible, but it may not be the best strategy. For instance, your filing fees are determined by the number of classes you include in your application, so your costs could increase significantly. In addition, you’ll be asked to demonstrate that you are currently offering goods or services in each class now or that you intend to offer goods or services in that class in the future. Selecting too many trademark classes, then, could be grounds for rejection of your application. Instead, only include the trademark classes of goods or services you currently offer or plan to in the near future.