Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including California.
The Need for a Trademark
A trademark is a word that distinguishes one company’s goods from another. It allows a business to have exclusive ownership rights of the trademark, so it can prevent others from using it. If a nursery school named their school and started using ‘Happy Days’, an owner of the toy store cannot stop them.
If you want to get exclusive rights to a known trademark and prevent others from using it in their work, the United States Patent and Trademark Office is a good place to start. Registering a mark not only prevents others from illegally infringing on your professional identity but also informs them that you are using the mark.
The Benefits of Federal U.S. Trademarks
Trademarks identify a good or service, and they should not be used without the developer’s permission. Trademarks prevent trademark use by others and are important because they come with legal rights.
You should register with the federal trademark registry to protect your brand. This is important because suing infringers can be difficult. You will have a stronger case if you have federal trademarks, instead of only state or common law trademarks. Additionally, if you register with a federal trademark and get sued, you can sue in a federal court which may give you more damages than if the infringement occurs in a state court.
If a company registers their trademark on the USPTO, then other companies should conduct a search before using that trademark. This prevents unintentional infringement.
Learn the Benefits of Hiring a Trademark Attorney and Avoid DIY
A trademark attorney can help you with a trademark application process. They’ll make sure the process is detailed and complicated, and they will guide you through the entire process. The trademark attorney will help complete your application, as well as find any other trademarks that might conflict with it.
We always recommend that if a client is hoping to secure a trademark, they should not attempt to do so on their own. Many applications for trademarks can be filed with the assistance of automated online services, and we love these services because they often fail, generating more business for us.
A trademark can be an important item for your company to protect, but first you must apply. We pride ourselves on doing things right and assisting your application. Reach out to our office to find out more information about securing a trademark.
What is the Difference Between Trademark and Copyright?
Trademarking aids companies to protect their identity and trademark. Trademarking is also commonly used for advertising. If a person wants a specific product from this company, they will know to go to that company’s site.
Copyright means that the person who created their work owns it. You thus cannot use their work without their permission, but registering your copyright provides more protections. Trademark and copyright are closely related but should not be confused.
Examples of Trademark Needs in San Jose, 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 Los Altos, or driving on Highway 101, you’ve probably seen tons 1of 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 San Jose and Saratoga, like the San Jose Sharks and the The San Jose State Spartans. 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.