Trademark Attorney Services for Your Los Angeles Business

The top 5 questions Los Angeles businesses have 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 IP, 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 misperceptions about trademarks heard around Los Angeles, CA.

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 IP 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.