San Francisco Trademark Registration
Welcome to Gerben IP
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.
What We Do
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.
Start Protecting
Your Trademark
$1500 Trademark
Registration Package:
(plus government fees)
Package Includes:
- Federal Trademark Search using CORSEARCH software
- State Trademark Search using CORSEARCH software
- Common Law Trademark Search
- Attorney Consultation Time
- Drafting and Filing of Trademark Application
- Responding to Non-Substantive Office Actions
- Sending Registration Certificate
Providing Trademark Services for San Francisco-based Businesses
Please note that while Gerben IP is not located in San Francisco, it can assist businesses from the San Francisco region in registering a federal trademark because it is a federal matter.
Trademark registrations are crucial for growing businesses. Ensuring your trademark is properly cleared with a professional trademark search, and, that your application is properly drafted is incredibly important. The attorneys at Gerben IP have successfully registered thousands of trademarks, and, are happy to answer any questions you have about register a trademark for your business.
How many trademarks are filed each year by businesses in San Francisco, California?
| Year | # of Trademarks Filed |
|---|---|
| 2021 | 4710 |
| 2020 | 4842 |
| 2019 | 4647 |
| 2018 | 4497 |
| 2017 | 4258 |
| 2016 | 4176 |
| 2015 | 4303 |
| 2014 | 4102 |
| Year | # of Trademarks Filed |
|---|---|
| 2013 | 3728 |
| 2012 | 3740 |
| 2011 | 3314 |
| 2010 | 3186 |
| 2009 | 2808 |
| 2008 | 2974 |
| 2007 | 3004 |
| 2006 | 2870 |
Why is trademark registration important for The City by the Bay’s business owners?
San Francisco, as a city, is a business power house. Thousands of tech start-ups have started in San Fran and the city continues to create new and innovative business. Each of these startups can benefit from a federal trademark registration. Whether it is a new disruptive technology or a hip new coffee shop, San Francisco businesses should protect their trademarks.
Imagine that you are a business owner starting a new “smart” hat that measures a wearer’s biometrics and provides feedback throughout the day. Your prototype cost almost $2,500 in research and development and you are finally ready to launch your crowdfunding campaign to raise the $250,000 you will need to make your dream a reality. You don’t perform a trademark search and choose the name “Lubby Hats.” You launch your crowdfunding campaign and raise over $500,000 in one month. You start production and include a large LUBBY HATS embroidery in each of the hats you create.
Meanwhile, a Portland-based company Lubbi Clothing has been selling high-fashion hats for six years under the name “Lubbi.” Lubbi registered the phrase for “hats” with the United States Patent and Trademark Office. Shortly after your crowdfunding campaign ends, the Portland company starts getting calls asking for updates on your campaign. It learns that you are using a confusingly similar name and sends you a cease-and-desist letter. They are demanding that you change your name immediately.
You are now faced with a difficult choice. You will need to spend a significant amount of money on legal fees and you may need to change your name completely. You may be required to spend hundreds of thousands of dollars removing the “Lubby” name from your products before they are sent to customers. It could be a disaster before a single hat is in the hands of consumers. The worst part is that Lubbi Clothing would likely have a great case for infringement.
As a business owner, it is your responsibility to ensure that you do not infringe on others protected trademarks. If a trademark is registered with the United States Patent and Trademark Office, then you cannot claim that you “never heard” of the owner of the registered mark. Trademark law presumes that you will check the USPTO database before you start using a confusing similar trademark.
By hiring an experience trademark attorney to perform a search and analysis, you can know how risky a trademark is before adopting it and spending critical marketing dollars putting the name into the marketplace. A trademark attorney can then draft your application and provide personalized advice to assist you in protecting your trademark rights.
The top 5 questions San Francisco businesses have about obtaining a trademark.
Are trademarks and patents the same thing?
No, trademark law protects brands and things that represent a business, like a name, slogan, or logo. Patent law protects inventions and “processes.” If you created a new machine or a new way of making something, you may be able to patent the invention. If you named the machine something unique, you would protect the name of the machine as a trademark.
Can I apply for a trademark anonymously?
All filings with the United States Patent and Trademark Office are public and the name of the trademark owner must be disclosed upon filing.
Can I file one application to cover every type of product imaginable (even ones I don’t plan to sell)?
No, you must apply for specific goods that you (1) are actually selling or (2) intend to sell in the near future. Be careful – whether you are selling the products will determine whether you file as an “intent to use” application or a standard application.
What class should I file in?
The USPTO has 47 different “classes,” which are overall categories. The classes you should file for depends on the actual products you are producing. For example, a retail clothing store would likely file in Class 35, but a clothing brand would file in class 25. One is a service and the other is a product.
What is an “intent-to-use” application?
The USPTO allows you to “reserve rights” for a little over three years under an “intent to use” application. Once you’ve begun putting together a business plan, contacting manufacturers, and making concrete plans, you should file your trademark application.
Common misperceptions about trademarks heard around San Francisco, CA.
I filed my trademark with my state trademark database so I do not need to file a federal trademark application.
A trademark registration obtained through a trademark application filed with the USPTO provides the presumption of national ownership while a state trademark registration only provides rights in an individual state. In today’s world it is almost always imperative to seek a federal registration to cover territory outside of your home state.
You can’t own your name as a trademark.
If you are using your name as a brand, in connection with specific goods and services, then you can likely register it with the USPTO. However, if someone else has already registered a similar trademark, your application may be denied (even if it is your legal name).
I applied for my trademark at the United States Copyright Office’s website.
o U.S. Copyright law and U.S. trademark law are completely different laws with completely different processes for registration. The USPTO is the only U.S. agency that can issue a federal trademark registration.
Trademark searches are a waste of time.
o A trademark search is one of the most important things a business owner can do before investing time and money into a trademark. Without a search, a business owner won’t know how risky using a trademark will be until its possibly too late.
15+
Years of Experience
10,000+
Trademark Searches
Completed
Completed
7,500+
Trademarks Federally
Registered
Registered
5
Customer Service