*Please note that while Gerben Intellectual Property is not located in California, it can assist businesses from California in registering a federal trademark because it is a federal matter.
Since founding Gerben Intellectual Property in 2008, trademark attorney Josh Gerben and his team have registered thousands of federal trademarks for individuals and businesses of all sizes. Gerben Intellectual Property works with clients across the country, including the Sacramento area. Whether you plan to open a pub in Midtown or you are expanding your cleaning business in Davis, Gerben Intellectual Property is ready to help protect your brand through trademark registration.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Sacramento Region
“As a registered professional engineer, I appreciated the level of detail that Mr. Gerben provided to my firm throughout the process of filing a trademark application. Mr. Gerben exceeded my expectations by a considerable measure, making the application process both clear and painless. We certainly will retain Mr. Gerben with any future needs in this area.”
– Carlos Rogers
P.E., CEO / Senior Engineer, Novate Solutions, Inc. – Sacramento, CA
Top 4 Questions Sacramento Businesses Have About Obtaining a Trademark
- What does a trademark protect?
- A trademark protects anything that indicates a certain product or service is related to a specific brand. Business owners commonly protect words, phrases, logos, or slogans through trademark registration, but even sounds, smells, and colors qualify for trademark protection.
- Am I required to work with a trademark attorney during registration?
- The United States Patent and Trademark Office, or USPTO, does not require U.S. citizens to engage a trademark attorney to assist with registration. They do, however, recommend it. Working with an experienced attorney ensures that the process runs smoothly, from conducting a trademark search to selecting the correct International Classes and responding to Office Actions. It can also increase your chances of approval. A recent study by the University of North Carolina found that trademark applications submitted with the help of an attorney were up to 50% more likely to be approved by the USPTO.
- When should I register my trademark?
- Ideally, you should start the process as soon as possible. Before you begin to use the mark, on product labeling, signage, and marketing campaigns, you should know for certain that it is available for use and you should begin the process to protect it. Failing to start the registration process early could leave you open to infringement down the road. In addition, the date you submit your application to the USPTO will become your priority date. Anyone looking to file a similar mark after that date will not be approved.
- Will the USPTO let me know if my trademark is being infringed upon?
- The USPTO will not alert you to possible infringement. Once the trademark registration has been approved by the USPTO, it is the responsibility of the trademark owner to monitor the mark’s use and take action against possible infringement. This can be a time consuming task. Fortunately, many trademark attorneys, including those at Gerben Intellectual Property, offer monitoring services. If infringement is found, your attorney will take appropriate legal action.
Common Misunderstandings about Filing Trademarks for Sacramento Businesses
- I registered my business name, so my brand is fully protected.
- Obtaining trademark registration for your business name is an important step in protecting your brand, but it likely isn’t the only trademark you’ll need. In addition to your business name, you should consider registering your product name(s), logo, slogan, and any other aspect of your business that shows your product or service represents your brand.
- My competitor didn’t register its name or logo, so I can trademark it for myself.
- Because the United States is a common law country, your competitor probably has some rights to mark, even if it has not been registered. Contact Us if you are unsure about the availability of a particular mark.
- Once I register my business name, no other business can use it.
- This is not necessarily true. The USPTO will reject trademark applications that could cause a likelihood of confusion in the marketplace. In many situations, two businesses can use the same trademark without confusion. For instance, Dove is the well-known trademark for both a soap company and a candy brand. Because consumers won’t confuse chocolate and soap, both are free to use the same trademark.
- My U.S. trademark will protect my brand in trademark disputes, no matter where they take place.
- Your federally registered trademark will give you the presumption of validity nationwide, which means you’ll be protected in all disputes that originate within the United States. However, your mark will not be protected outside the United States. If you do business in another country, you should strongly consider filing a international trademark as well.
- I can begin using the “®” symbol as soon as I submit my application to the USPTO.
- The trademark registration symbol ® signifies that your trademark has been federally registered. Using the ® before your mark has been approved by the USPTO is a violation of federal law in the United States. Until your application has been approved by the USPTO, you can use the ™ symbol.
The Number of Trademarks Registered by Sacramento Businesses (by Year)
How many trademarks have Sacramento, CA businesses registered over the years? Gerben Intellectual Property collected the following data.
||# of Trademarks Registered
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Sacramento Businesses
Business ownership is on the rise in Sacramento. If you are planning to start your own venture in the River City, you probably have a long to-do list, including finding a location, hiring employees, designing a website, and more. While all of these are certainly important to your success, your first priority should be trademark registration.
Consider this scenario: Jenna, an art teacher, decides to make a change and open up her own pottery painting studio in El Dorado Hills. She selects a name, The Painted Pot, and chooses the perfect location. Jenna has heard of trademark registration, but she’s so busy with other tasks, she ultimately decides to postpone the process until after the studio is open. Instead, she buys signage and aprons for employees to wear. She also designs her website and creates marketing material. All have her business name prominently displayed.
After The Painted Pot has been open for some time, Jenna reaches out to a trademark attorney to begin the process of registration. The first step of the process is a comprehensive trademark search, where Jenna learns some frustrating news. A chain of pottery painting studios in Orange County has been using the name The Painted Pot for years, and because they registered their trademark, Jenna is not free to use the name. Now she must spend time and money rebranding her business.
If Jenna had engaged a trademark attorney early on, she would have learned about the Orange County business before branding her own studio. Learn More about our trademark registration services today and get assistance.