Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including California.
Examples of Trademark Needs in San Francisco, California
A lot of people ask us, “Why do I need a trademark for my business?” And the simple answer to that is your businesses name, logo, and branding are inherently valuable. You want to ensure that you’ve protected your business as your brand’s value grows and continues to appreciate over time. For example, if you’re in Pleasanton, or driving on Interstate 280, you’ve probably seen tons of billboards for corporations and mom-and-pop shops alike. And they’ve all got a certain feel to them, their branding. And that branding is valuable. You want to make sure that if you start a shop in San Jose, that somebody two states over isn’t going to steal your idea and name and do the same business.
A great example I love to use is professional sports teams. Their need to have a protected brand name, logo, slogan, and such is invaluable because so much of their team’s value is wrapped up in their identity. There are lots of sports teams, but for fans, there’s always “my team”. Think about the teams near Sacramento and Walnut Creek, like the San Francisco Giants and the San Francisco 49ers. You can probably picture their logo in your mind, and you know that nobody else is using their names and logos to promote a professional sports team.
The Importance of Trademarks in Your Company
A trademark can be a word, phrase, logo, or other symbol that distinguishes one company from the others. They are used to protect your business’s goods. The trade mark can’t be registered if it is not in commerce. For example, somebody made the name ‘Happy Days’ for a school and then starts using it for their business, the owner of Happy Days toy store cannot stop them from doing so.
Company A would need to register their trademark with the USPTO in order to prevent others from using it and also to show that they are using it. Number one, having a registered trademark will stop other companies from using their trademark. And two, registering your trademark puts everyone on notice that they are using it.
Federal Trademark Regulations
Trademarks are used identify a company’s goods or services. A person may use a trademark in the same way he might use a logo. Branding is important because it prevents other companies from using your trademark without your consent, giving you more reasons to file a lawsuit against them.
It is necessary to have a federal trademark on your product. First, when you have a federal trademark, it becomes easier to win against competitors in the event of copyright infringement. Second, federal trademarks allow for plaintiffs to sue for damages in federal court and receive harsher penalties for infringers.
Additionally, registering your trademark on the USPTO Principal Register notifies other of your trademark. When others use names and trademarks, they are expected to conduct a search with the Principle Registry before usage. Avoiding misuse of trademarks through such a search is still grounds for infringement.
Why Hiring a Trademark Attorney is Important and Merits Attention
To protect your trademark, you should hire a trademark attorney. The process of registration can be complex and time consuming. Hiring a trademark attorney will ensure that the application is completed and that no other similar trademarks conflict with yours.
We always recommend against clients trying to secure a trademark on their own, as there are many online services that will help walk people through the process without legal counsel. These services can be troublesome because they are awful and often drive business our way, so we kind of enjoy it when people use them.
We pride ourselves in taking care of your needs, so don’t hesitate to ask for advice. Sometimes you may not be able to obtain an application. For example, if somebody else has already registered your trademark, then it may be better to take no action.
What is the Difference Between Copyright and Trademark
Trademarks are used to distinguish a company’s identity. Companies can use trademarks to make sure customers know who they are and where they get the products they sell.
A copyright automatically exists for an intellectual author and artist, but registration offers additional protections.