Santa Ana Trademark Registration
Santa Ana 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 Santa Ana, it can assist businesses from California in registering a federal trademark because it is a federal matter.
Gerben IP was established by trademark attorney Josh Gerben in 2008. Since that time, Gerben and his team of experienced attorneys have successfully registered thousands of trademarks across the country, including the Santa Ana area. Gerben IP works with businesses of all sizes as well as individuals. Whether you plan to open a bakery in Bristol-Warner or expand your chiropractic practice in Costa Mesa, our team is ready to assist you with trademark registration.
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It’s always a great time to start a business in the Santa Ana area, but don’t overlook the importance of trademark registration. Some budget conscious business owners choose to do a quick Google search, rather than a comprehensive trademark search with the help of an attorney, to determine if their mark is available. While this do-it-yourself approach seems like a money saving strategy, it could end up costing even more in the long run.
Consider this scenario: Brandon has developed an app that allows people to take virtual classes with experts in a variety of subjects, from baking to tile installation. He chooses the name Master Class and does a quick search of existing apps in the app store on his phone. When he doesn’t see the name in the app store, Brandon assumes it’s available for use.
A comprehensive search conducted by an attorney would have alerted Brandon to an app by the same name that has not yet been released. This app also connects people to virtual learning opportunities across the country, and though it has not been downloaded by anyone yet, the business name has been registered with the USPTO. Brandon learns of this competitor when he receives a cease-and-desist letter in the mail a few months after his app goes live. Now, he must pull the app and work to rebrand it.
Don’t wait to consider the importance of trademark registration until the cease-and-desist letter arrives. Contact Gerben IP today to learn more about our reasonable, flat rate trademark registration services.
A trademark indicates that a certain product or service is associated with a specific brand or business. Common trademarks include words, colors, and logos, but even sounds and smells can be protected through trademark registration. A copyright, on the other hand, protects works of authorship, like novels, art, music, and poetry. Learn more about the differences here.
U.S. citizens are not required to work with a trademark attorney, but it is strongly encouraged. Unlike DIY trademark registration, which takes valuable time away from building your brand, working with an attorney allows you to remain focused on your business while your registration is being handled with experience and professionalism. Trademark attorneys will ensure that the process runs smoothly, from conducting a comprehensive trademark search to drafting the application, and they’ll even respond to non-substantive Office Actions on your behalf. You’ll also have an increased likelihood of approval. A study by the University of North Carolina found that applications submitted with the assistance of an attorney were up to 50% more likely to be approved by the USPTO.
Ideally, trademark registration should be one of your first priorities when planning to open a new business. Before you invest money into signage, product labeling, website design, and more, it’s critical to know that the business name, product name, or logo you are using does not infringe on other businesses. Failing to do so could cost more in the long run, if you are forced to rebrand your business. In addition, you’ll be protected from others infringing upon your brand.
The date you submit your application to the USPTO will become your priority date. Anyone looking to register a similar U.S. trademark after that date will not be approved. This is another reason to start the registration process early, as it locks in some limited protections, even while your application is pending.
If you conduct business outside the U.S., you should strongly consider seeking international trademark registration. To register outside the United States, you have two options. First, you can submit an application directly to each country’s trademark office. The other option utilizes the Madrid Protocol. This international treaty allows registrants to submit a single application, in their home language, which can then be applied to more than 90 member countries. Each member country, then, makes its own determination about approval.
Your registration with the State of California won’t hinder your trademark protections, but you will only be protected within the state. While the process to apply for a federal trademark is more detailed, your mark will have more comprehensive protections and give you the presumption of validity in all fifty states.
The United States Patent and Trademark Office, or USPTO, examines applications and makes determinations of approval for both trademarks and patents. They don’t, however, monitor your trademark or alert you to potential infringement. Trademark monitoring is the responsibility of the trademark owner. Fortunately, many trademark attorneys, including those at Gerben IP, provide trademark monitoring services. If infringement is suspected, your attorney will then determine the best course of legal action to take.
While registering your business name is certainly a part of protecting your brand, it likely isn’t enough. It’s important to register anything that represents your brand, which includes your business name, but also your product name, logo, slogan, signature color, or even sound. If you are unsure about which aspects of your business could benefit from trademark registration, contact Gerben IP.
Once you’ve submitted your application to the USPTO and paid the filing fees, your examiner will conduct a trademark search. However, if the examiner finds your mark, or something confusingly similar, is already in use, your application will be rejected and your fees lost. Conduct a trademark search before your submit your application to be sure that the mark you wish to register is available for 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