San Jose Trademark Registration
San Jose 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 California, it can assist businesses from California in registering a federal trademark because it is a federal matter.
In 2008, Gerben IP was founded by trademark attorney Josh Gerben. Since that time, Gerben and his team have been committed to providing professional, affordable trademark registration services to individuals and businesses of all sizes. Gerben IP has registered trademarks for thousands of clients across the country, including the San Jose area. Whether you plan to open a coffee shop in Willow Glen or you are expanding your tech firm in Cupertino, Gerben IP is ready to assist you in trademark registration.
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San Jose’s strong economy makes it a great place to open a new business. If you plan to start your own venture in this Silicon Valley city, be sure to take the important step to register your trademarks before you invest your money into branding your business.
Consider this scenario: Jane has always loved decorating, and when the perfect location in Evergreen becomes available, she decides to open her own housewares boutique. She selects the name The Little Beach House, and gets right to work choosing the perfect inventory and building out her shop. She’s heard of trademark registration, but with so many things to do before opening day, Jane decides it’s just not necessary.
Jane and her shop see immediate success in the Evergreen area, but soon she receives a cease-and-desist letter in the mail. Unfortunately, two friends in Los Angeles own their own home décor boutique, called The Tiny Beach House, which they trademarked years ago. They plan to expand to the San Jose area and are well within their rights to ask Jane to close her shop and rebrand the business. Now Jane must spend even more time and money rebranding than she would have if she’d registered her trademark right away. Don’t wait to register your trademark. Contact Gerben IP today to start the process.
A trademark is anything that shows that a particular product or service is associated with a specific brand. Business owners commonly trademark business or product names, slogans, and logos. Some also choose to register less traditional trademarks, including sounds, smells, and colors.
Yes! Engaging an attorney early on will help the process to run smoothly, from conducting a trademark search to selecting International Classes and responding to Office Actions. But don’t just take our word for it. A study conducted by the University of North Carolina found that trademark applications submitted with the help of a trademark attorney were up to 50% more likely to be approved by the USPTO.
It may be possible for you to register a trademark that is in use by another business if there is no likelihood of confusion between the two brands. For example, both a healthcare company and an airline have registered the word ‘United,’ because it’s unlikely that consumers will confuse the two companies. If you are unsure about the availability of a particular mark, contact Gerben IP.
The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. Examiners at the USPTO review applications for both trademarks and patents, then make determinations about approval. The USPTO also maintains the records for both registered trademarks and patents.
It’s understandable for new business owners to be concerned about costs. However, in many cases, you can’t afford not to register your trademark. If you postpone trademark registration, you could find yourself unknowingly infringing on another business’s mark. This could lead to costly legal proceedings or lost time and revenue if you are forced to rebrand your business. In addition, you may not have protections in place if you find another business is infringing upon you.
The USPTO has 47 classes of goods and services to choose from. Choosing a large number of international classes could be grounds for application rejection. It could also greatly increase the overall cost of your trademark registration, because fees are determined based on the number of classes selected. Choose only the classes of goods and services that you are currently offering or plan to offer in the near future. Find out more about international classes here.
Each aspect of your brand will require a different trademark registration. For example, your business name, product name, and logo would all need separate trademark applications. Be sure to register each trademark separately to ensure your brand is protected.
The United States is a first-to-use country, so you will have some narrow rights to your trademark once you use it in public. However, these rights will limit your ability to expand to other regions, and they will be more challenging to assert in legal proceedings. In order to have strong protections and the presumption of nationwide validity, register your trademark with the USPTO.
Once your trademark is registered with the USPTO, you will have valuable trademark protections in disputes that arise within the U.S., but they will not apply to issues in other countries. If your U.S.-based brand reaches other countries, whether through online sales, manufacturing, or distribution, you should strongly consider international trademark registration.
“ 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