Oakland Trademark Registration
Oakland Trademark Registration
We have been assisting entrepreneurs, established businesses and other lawyers with trademarks since 2008. We are very proud of the fact that our firm’s representation has resulted in the successful registration of more than 7,500 trademarks with the USPTO.
We offer a full range of trademark, copyright and patent services to entrepreneurs, established businesses and other attorneys (on behalf of their clients). We can assist clients in all 50 U.S. states and from countries around the world.
Please note that while Gerben IP is not located in Oakland, it can assist businesses from California in registering a federal trademark because it is a federal matter.
Gerben IP was founded by trademark attorney Josh Gerben in 2008. Since that time, Gerben and his team of experienced attorneys have registered thousands of trademarks for individuals and businesses of all sizes. We work with clients across the country, including the Oakland area. Whether you want to open a boutique in Rockridge or a design firm in Berkeley, Gerben IP is here to assist you.
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It’s an exciting time to open a new business in Oakland, California! If you’ve decided to join in the Bay Area’s business boom, don’t forget the importance of trademark registration.
Consider this scenario: Dan, who has been working in a tire shop across the bay for the last ten years, decides to branch out and open his own shop closer to home in Oakland. He finds the perfect location and immediately begins investing in inventory, hiring employees, and creating an email marketing campaign. He even designs the perfect sign bearing the shop’s name, Bayside Tires. Dan has heard of the importance of trademark registration, but he decides he’s simply too busy to start the process now.
Dan is excited to open his doors and see some initial success in his neighborhood. Unfortunately, though, less than a year after opening his doors, he learns some devastating news. A group of tire stores in the San Diego area has been using the same name for several years, and they are now expanding into Oakland. Because they registered the trademark, they are well within their rights to ask Dan to close his shop and rebrand his business, a costly and time consuming setback.
As a new business owner, you have many priorities, but don’t overlook one of the most critical: trademark registration. Contact Gerben IP today to start the process to protect your business.
A federally registered trademark protects the things that represent your brand in the marketplace. Most businesses will trademark their business or product names, logos or slogans, but sounds, colors, and even smells can all be registered trademarks.
The process to register a trademark should be one of the first acts you take as a new business owner. Before you invest in signs, labels, uniforms, and other products that include your trademark, you need to know that you will not be infringing on another mark. You’ll also want to lock in a priority date, which is given on the day you submit your application. Anyone looking to file a similar trademark after that date will be rejected, allowing you to keep your brand’s trademark in your control. Waiting to register your trademark could lead to infringement and other legal issues later on.
The USPTO reviews applications and grants approval of registrations. They don’t, however, monitor your mark’s use or alert you to potential infringement. These responsibilities fall on the trademark owner. Fortunately, many trademark attorneys, including those at Gerben IP, offer monitoring services and can take the appropriate legal action if potential infringement is found.
As long as you continue to use your trademark and meet renewal deadlines, your trademark protections will never expire! For new trademarks, the first renewal occurs between the fifth and sixth year, and then again between the ninth and tenth year. After that, renewals will be every ten years. Failing to meet renewal deadlines could result in your trademark being cancelled, so be sure to start the process early.
The United States is a common law country, which means you will have some basic trademark protections once you use the mark in public, even if it isn’t registered. However, it’s important to know how limited these protections are. For instance, your mark will only be protected in the Oakland area. This could restrict you from expanding into Los Angeles or San Diego in the future, if a similar mark is already in use there. You’ll also have a more challenging time asserting your trademark rights in legal proceedings. In order to have the presumption of validity nationwide, you must register your trademark with the USPTO.
It’s understandable to be concerned about the budget when starting a new business. However, in most cases, you can’t afford not to register your trademark. If you move forward, investing in product labels, signs, marketing, and more, only later to find out that you are infringing on another business, you will likely spend more in lost revenue and the cost to rebrand the business than you would have if you had registered your trademark right away. Gerben IP offers reasonable, flat rate trademark registration services for budget conscious business owners.
Most trademark attorneys provide a wide variety of trademark services, extending well beyond the registration process. Your attorney can conduct a comprehensive trademark search, draft the application, and even respond to non-substantive Office Actions on your behalf. Once your trademark is registered, your attorney may offer monitoring services to ensure that your mark isn’t being infringed upon. If potential infringement is found, they will determine the best legal course of action to stop it as soon as possible. Contact us to learn more about our monitoring and enforcement services.
This is not necessarily the case. The USPTO will reject any trademark applications that might be confusingly similar to an existing trademark, but not all similar marks could cause the likelihood of confusion. For example, Dove Chocolate and Dove Soap both use the trademark ‘Dove,’ because consumers aren’t likely to confuse chocolate and soap. However, another candy company that wished to use the same trademark could be rejected. Contact Gerben IP if you are unsure about the availability of a particular mark.
“ We were referred to Josh by a business colleague, and were skeptical that any online US Trademark filing process could be both simple and successful. Our experience with other firms (on other trademarks) had been tedious and expensive, by comparison. But Josh’s system worked, and we were awarded both trademarks…”
— Michael Zimmerman, MarketPoint
“…I am smart enough to know that this is a highly specialized area of the law that requires patience, understanding, extensive research, a finely tuned verification process and the ability to navigate the steps and procedures established by the federal government. But I am even smarter to know that, in the age of the specialist, I needed the best…”
— Wayne Halper, Law Office of Wayne Halper
“…When working with Josh on our Trademark/Service Mark application process, his communication was excellent and his expertise and personal demeanor quickly built trust in the business matters. He manages a detailed and well balanced analysis and is results and success driven..”
— Johan Reinhoudt, EffectiveSalesCoaching.NL
“ I hired Josh to do some trademarking work for me. He was very knowledgeable, explained the process clearly, made sure it was filed in a timely manner, and followed up with me each step of the way.”
— Kathy Wolper, Kathy’s Just Desserts, Inc.
“ Working with Josh was an absolute pleasure. He made the process of getting our trademark a breeze. Should we ever seek another trademark we would certainly retain Josh again in a heartbeat. I recommend him very highly.”
— Verena Frydberg, Makeover Your MS
“ Every now and again you come across someone who you know will always get the job done, be upfront and honest, and looks out for you. It’s great never having to worry about Trademarks. I know I can just give him a call and it’ll be done quickly, affordable, and done right…”
— Megan Cummins, Sparklepop