Trademark Attorney Services for Your Moreno Valley Business

The top 5 questions Moreno Valley businesses have about obtaining a trademark.

Do I have any trademarks?

If you have developed a product or own a business, you have something to trademark, but, it doesn’t necessarily mean you have a trademark. A trademark is anything that represents your brand in the marketplace. Common trademarks include logos, slogans, and business or product names, but colors, sounds, and even smells can also be considered trademarks if they represent your brand. More specifics on what can / cannot be trademarked.

Why should I register my trademark with the USPTO?

You’ll have some basic protections the moment you use your trademark in the marketplace, whether or not it’s been registered. However, without federal trademark registration, your protections will be limited. For example, you’ll only be protected in the small geographic area where your business is based. This means that if you plan to expand outside Riverside County in the future, you may be prohibited from using your mark in areas where a confusingly similar mark is already in use. You’ll also have a more challenging time asserting your trademark rights in court. In order to have the presumption of validity nationwide, you will need to register your trademark with the USPTO.

What’s a priority date?

The date you submit your application to the USPTO will become your priority date. Anyone looking to file a confusingly similar mark with the USPTO after that date will have their application rejected. This is one reason to begin the registration process early on.

Can a trademark be sold?

A trademark is a business asset, just like your inventory and equipment, so yes, it can be sold. Unlike your inventory or equipment, though, your trademark can actually increase in value over time as the value of your brand increases. Gerben IP provides assistance in changing trademark ownership when needed.

I manufacture my product in China. Will my registered trademark be protected there as well?

Your federally registered trademark is only protected in disputes that occur within the United States. If you do business in China or any other country, you should strongly consider protecting your trademark there as well. Once your trademark is registered in China, you can also register with Customs and Border Control there, and they will prohibit the import and export of products bearing your trademark without authorization.

Common misperceptions about trademarks heard around Moreno Valley, CA.

Trademark registration is easy, so I don’t need the assistance of a trademark attorney.

The process to register a trademark involves many detailed decisions and knowledge of intellectual property law, and while the USPTO doesn’t require U.S. citizens to work with a trademark attorney, there are many benefits to doing so. Your attorney can conduct a comprehensive trademark search, draft your application, and even respond to non-substantive Office Actions on your behalf. Rather than focusing on the tedious registration process, then, you can focus on growing your business. Contact Gerben IP to learn more about our reasonable, flat rate trademark registration services.

I don’t have the time to monitor my trademark’s use.

Trademark monitoring may seem like an endless task, but doing so is critical to maintaining control of your trademark. When infringement goes unchecked, your brand’s reputation could suffer and confused customers may even be swayed away from your products or services. Fortunately, many trademark attorneys, including those at Gerben IP, offer trademark monitoring services. We’ll alert you to potential infringement and assist you in taking legal action when needed.

I can make small changes to my logo and it will still be protected.

Your logo will only be protected as it appears in your trademark application. Though it’s common to make updates to your logo over time, you must register the updated mark with the USPTO to ensure it’s protected as well.

My trademark will be protected on any product I put it on.

When you complete your trademark application, you’ll need to select from a list of 45 International Trademark Classes, indicating which products or services you plan to offer under the mark. Your trademark will only be protected in association with the goods or services included in your trademark application. If you grow your product line, be sure that your new products are covered under the trademark classes in your application, and if not, you’ll need to register the new trademark classes with the USPTO.

I did a Google search and no one is using my business name, so it is free for registration.

This may not be the case. Google searches typically only return exact matches to your trademark, but most disputes occur due to confusingly similar matches, not exact matches. Relying only on a Google search, then, may not alert you to all conflicting marks. Instead of taking the DIY approach, consider working with an experienced trademark attorney. The search software used by trademark attorneys is much more thorough and reveals not only exact matches, but confusingly similar matches as well.