Trademark Attorney Services for Your Riverside Business

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

Who needs a registered trademark?

Any individual or business owner that is working to build a brand or promote a product should consider trademark registration. Obtaining trademark registration will ensure that you will not be infringing on another business, and it will also protect you against potential infringement from others. These protections will help you establish your brand and build customer loyalty and recognition.

What is the difference between a trademark and a copyright?

Both trademarks and copyrights are forms of intellectual property, but each protects something different. A trademark is anything that represents your brand in the marketplace, like a business or product name, logo, or slogan. Copyrights, on the other hand, protect creative works, like art, poetry, and novels.

Do I need to register my trademark with the USPTO?

The United States offers some common law rights to a trademark as soon as it is used in the marketplace, even if it is not registered with the USPTO. Unfortunately, these common law rights are extremely limited. For instance, you will only be protected in the small region where your business is based. This could restrict you from expanding outside Riverside if your mark is being used in another region. In addition, you will have a more challenging time asserting your trademark rights in legal proceedings. In order to have the presumption of nationwide validity, you must register your trademark with the USPTO.

When should I start the trademark registration process?

Start the process to register your trademark as soon as you’ve selected a trademark you’d like to use. Before you begin using the mark, buying signage, product labeling, marketing, and more, you will need to know that mark is truly available for registration. Waiting to register your mark could leave you vulnerable to the possibility of infringing on another business in the future.

Will the USPTO let me know if someone else is using my mark?

The USPTO makes determinations about trademark registration approval, but they are not responsible for monitoring your mark once it’s been approved. As a trademark owner, that is your responsibility. Fortunately, many trademark attorneys, including those at Gerben IP, offer trademark monitoring services to clients. If potential infringement is found, your attorney will determine the best legal action to take, as well.

Common misperceptions about trademarks heard around Riverside, CA.

Trademark registration is only for big businesses.

The protections provided by a registered trademark are critical for businesses of all sizes. Small businesses rely on brand loyalty and customer recognition to build future success. Without a registered trademark, these small businesses could face potential infringement, which could confuse customers and even steer them away from their business. In addition, small businesses without trademark registrations could unknowingly be infringing on another brand. This could lead to costly and time consuming rebranding efforts later on. Gerben IP works with businesses of all sizes to register and protect their trademarks.

I don’t need a celebrity’s permission to register his or her name with the USPTO.

The USPTO requires a signature of consent from anyone whose name will appear in a trademark. Without a signature of consent, your trademark application will be rejected.

My federal trademark will protect my trademarks in disputes that occur in other countries.

Your U.S. trademark will only protect your mark in disputes within the United States. If you do business in another country, through sales, manufacturing, or even distribution, you should strongly consider filing for trademark registration in that country as well.

I only need one trademark to protect my brand.

Most businesses need to register more than one trademark to protect their brands. For instance, you may need to register your business name, product name, and logo with the USPTO. Each of these different trademarks would each need its own registration. If you are unsure which aspects of your business would benefit from trademark registration, Gerben IP can assist you.