*Please note that while Gerben Law Firm is not located in California, it can assist businesses from California in registering a federal trademark because it is a federal matter.
Since Gerben Law Firm was established in 2008 by trademark attorney Josh Gerben, our attorneys have registered over 5,500 federal trademarks. Our clients include individuals and companies of all sizes from all 50 states. Los Angeles has long been known as a hub for creative entrepreneurs. Whether you own a coffee shop in Hermosa Beach or a production company in Burbank, you may want to consider obtaining a federal trademark registration for your name, logo and/or slogan.
Everything You Need on Obtaining Trademarks in Los Angeles, CA
Testimonials from our Los Angeles, CA Clients
“I searched for a company to register several trademarks for our growing company and time was of the essence. After speaking with several people at various companies, I contacted Josh Gerben from the Gerben Law Firm. Simply put, Josh is amazing. He was so much more knowledgeable than the others out there. My franchise attorney and I worked through several legal issues with Josh regarding our marks and after coming up with the best plan possible, the paperwork was filed and we had our marks in no time at all. The best part of all…Josh and I worked with each other from opposite parts of the country yet I never had to leave my office. If you want the best, call Josh Gerben today, you will be happy. Want a testimonial in person? Contact me any time to discuss his services. ”
– Cory Chalmers
Featured Expert on A&E’s “Hoarders”
Hoarding/Biohazard Specialist and Trainer, Steri-Clean, Inc. – Los Angeles, CA
For 18 years, Steri-Clean has been helping the people of Los Angeles clear out the clutter and clean up their homes. Specializing in helping hoarders and restoring damaged properties, Steri-Clean offers compassion and understanding along with their cleaning services.
“Gerben Law made a seemingly complicated process very simple and worry-free while keeping us well informed. I would highly recommend!”
– John Needham
BigStub, Inc. – Near Los Angeles, CA
When big name shows and concerts come to Los Angeles, BigStub has the tickets. From Broadway shows to sporting events, BigStub serves as a ticket resale marketplace, where brokers and individuals can resell their tickets. Sold-out shows are often available through BigStub.
“Josh Gerben came highly recommended to me by a relative. I was just starting up my small business and knew nothing about trademarking. He patiently explained how it all works, answered my questions, and put the cookies on the bottom shelf for me as he expertly took care of my trademark needs. Everything was done perfectly, professionally, and in a timely matter. He was very clear, fair, and consistent with regard to fees, and saved me a ton of money by helping me narrow down what it was I really needed. This man is trustworthy! ”
– Jennifer Metter
Jenni June, LLC – Los Angeles, California
JenniJune helps Los Angeles moms-to-be plan for the arrival of their new babies. As a baby planner, she provides education and emotional support through pregnancy and the early days of parenting, so moms-to-be can feel more of a connection with their babies and less of the stress of bringing a new life into this world.
Top 5 Questions about Obtaining a Trademark
- How is a trademark different from a copyright?
- A trademark protects anything that indicates that a product or service comes from a particular company. This might include words, phrases, logos, or slogans, for example. A copyright, however, protects creative works like books, music and other artwork not representative of a specific business. An attorney can assist you in determining the best way to protect your intellectual property.
- How does having a federal trademark protect me?
- A federal trademark registration shows that the United States government has viewed your trademark and agreed to register it. This provides a nationwide presumption of validity on your trademark. This designation is a powerful tool in protecting your trademark. First, it will help prevent anyone else from registering a similar mark for their goods or services. Second, a federal trademark registration means that someone from another part of the country will see your registration (or should see your registration) in the process of selecting their trademark. In most cases, this will act as a deterrent from someone else seeking to use a same or similar trademark.
- Should I wait until I begin business operations to file a trademark registration?
- In order to protect yourself and your business, you should file a trademark registration well before you begin business operations. This process should ideally begin before you decide upon a name and create your logo or any other mark you wish to register. Failing to do so early on could result in finding out that your trademark infringes on someone else, and, results in costly changes and legal fees.
- How long does it take for my trademark to be registered?
- The process generally takes around 8-10 months from start to finish, though in some instances, it may take longer. Your priority date, the date on which you apply, allows you to claim priority in your trademark, protecting your mark from others that may apply for a similar trademark at a later date. However, if you incorrectly file a trademark application and must re-file at a later time, this priority date will be lost. A trademark attorney can help to file correctly the first time, making the process smooth, and protecting your trademark from anyone that may attempt to register at a later date.
- Why should I hire an attorney?
- Hiring a trademark attorney is not required, but in our experience, it is highly recommended. At Gerben Law Firm, we’ve had many clients come to us after they’ve tried to navigate the process on their own without success. Unfortunately, those clients have spent more time and money fixing and re-filing their trademark than they would have spent if they utilized the expertise of a trademark attorney from the beginning. Having an experienced attorney complete a comprehensive search, select the appropriate classes for the application, and submit it properly will ensure the process is smooth and benefit you in the long run.
Common Misconceptions about Filing Trademarks for California Businesses
- The terms trademark, copyright, and patents can all be used interchangeably.
- Trademarks, copyrights, and patents do not cover the same things. As stated above, a trademark is most commonly a name, logo, or slogan that represents a unique product or service associated with a single business, while copyrights protect creative works of art or authorship. Alternatively, a patent protects a unique invention. An attorney at Gerben Law Firm can assist you in knowing and obtaining the correct protection for your intellectual property.
- I should register in as many classes as possible and include as many goods as I can think of.
- If you file a trademark for multiple classes, this can increase the chances that your application will be denied, and could make your registration susceptible to challenges based on fraud. Trademark applications should be typically limited to the goods and services that will be provided by the applicant within the next three years. Working with an attorney can help you to tailor your application to your specific needs, saving you time and money.
- If I have a federal trademark registration, I should be entitled to the domain name as well.
- This in not necessarily the case. It is possible, in certain cases, that two businesses in different industries can have similar trademarks, thus both having legitimate rights to the domain name. For example, Delta® Airlines and Delta® Faucets have similar trademarks in different industries. In many cases, it may be difficult to take a domain name from someone else, but Gerben Law Firm can help you evaluate legal options if you are experiencing this problem. Our attorneys have experience navigating the domain dispute process and develop a strategy for protecting your trademarks and potentially gaining control over a specific domain name.
- My application for a trademark is currently pending, so I can use the registered trademark symbol ® now.
- Wait a bit longer! Using the ® symbol before your application is approved and registered is against federal law. It is advised that you use the ™ symbol while your trademark is still pending.
- I can’t afford to register a trademark.
- In many cases, you can’t afford not to register a trademark. If you’ve invested in developing your business and brand, you want to be sure that you are protected. Not registering can leave you open to infringement later on, which could cost more in the long run.
The Number of Trademarks Registered in Los Angeles (by Year)
How many trademarks have Los Angeles, California businesses registered over the years? Gerben Law Firm collected the following data.
|Year||# of Trademarks Registered|
*data was gathered from the USPTO’s public database
Types of Trademark Services offered to Los Angeles Clients
Additional Information on Trademark Registration in Los Angeles
Businesses in Los Angeles are constantly growing and evolving. Whether you are just starting out or have been in business for years, it is important to consult a trademark attorney. In addition to initially registering for a trademark, protecting your business also involves persistently stopping others from using names that could confuse consumers. An experienced trademark attorney will guide you through the entire process, from registering a new trademark to protecting your trademark from infringement.
Imagine that a personal trainer launches a small training facility out of a storefront in West Hollywood. He chooses the name Hollywood Health Master. While he’s aware of a large national gym chain HealthMasters, he assumes that a slightly different name and the size of his small training facility would not pose an infringement risk of any kind, and does not consult a trademark attorney prior to opening his business. This could open the business up to many costly legal scenarios.
Eventually, word of the small Santa Monica training facility gets back to the large chain’s corporate headquarters. Customers are reporting that they’ve signed training contracts with Hollywood Health Master, believing that it is related to the larger, well known gym. Because HealthMasters registered their trademark with the United States Patent and Trademark Office, they are well within their rights to send a cease-and-desist letter to the owner of Hollywood Health Master. The personal trainer would almost certainly need to change his business’s name, as well as all of his branding, advertising, and merchandise, resulting in thousands of dollars lost. Consulting a trademark attorney prior to investing so much money into his business would have revealed the level of risk involved with branding his business.
By working with a trademark attorney to register a trademark and monitor the marketplace for infringers, even small businesses can protect their brands from other businesses nationwide. Whether you plan to open a boutique in Santa Monica or a catering company in Redondo Beach, contact our trademark attorneys to know your risks, build your business with confidence, and protect your brand as your business grows.