Brian Russ Law, Inc. is a California trademark law firm centered on helping businesses build and protect their brands and their business. We get the need to distinguish your brand from your competition. A small business owner and serial entrepreneur, lawyer Brian gets the difficulties of small business owners and how securing brand protection is critical when setting your business apart from the competition. Brian works with businesses throughout California work through common trademarking issues like clearance searches, infringement assessment, trademark registration, USPTO office action responses, infringement litigation, use defense, and more. If you’re looking for top-notch trademark legal advice in San Jose, then you’ve come to the right place. You can also learn more at our trademark-specific website at BrianTheTrademarkLawyer.com.
San Jose’s Trademark Attorney
What Is A Trademark Attorney?
A trademark attorney is a attorney who specializes in practicing in the field of trademarks. You can hire a trademark lawyer to advise give you peace of mind that your brand is protectable and available for your exclusive use. When choosing a lawyer to protect you’re the brand of your enterprise, make sure to work with a lawyer who has no problem working in San Jose, like Brian Russ Law, Inc.
How Can a Trademark Law Firm Support Your Company?
A trademark attorney’s job is to help businesses protect their brands and make sure other people don't infringe on them. Companies are in the best position to protect their brand if they think about brand protection pre-launch or shortly after their launch. Our firm's seen so many businesses drop tens of thousands of dollars on merchandise and marketing only to discover that they can't use their preferred name. Intellectual property protection is a key element for startups - especially those that heavily rely on brand recognition to drive user engagement. Give us a call if you want to lock down your business's brand with federal trademark protection.
What To Look For In a Trademark Law Fim
The worst thing a business owner can do to protect their name is to do nothing. Doing trademark work without an attorney's support is just as problematic as doing nothing. A good United States trademark lawyer can help any size company in any industry across the world secure trademark protection in the United States. When you're looking for legal representation for your trademark, the most important things are their experience and how personable they are. It’s important to find a lawyer with who you can comfortably discuss brand strategy because that will lead to the strongest synergy for your business.
The Top Three Areas Small Businesses Need Trademark Support
1. BUSINESS NAME REGISTRATION
Creatives often think LLCs and DBA/FBN statements keep their names from being violated and that they are not violating others. This is not accurate. Securing an LLC or a Fictitious Business Name Statement does not equal trademark protection. The key problem is that the Secretary of State and your county recorder don’t cross-reference your business name with the trademark database. So you can get the Secretary of State and county approval to use your business name, but you’re still exposed to potential trademark infringement liability because your name might infringe on someone’s trademark. It is important for a business owner to retain legal counsel to assess the risks and benefits of using their company's name.
2. BRAND PROTECTION
Brand protection is needed for most small businesses. Imagine this – you start a hot dog restaurant on the main drag of San Jose called “Tommy Tequila’s Good Eats” and you spend decades building your reputation. You neglect, however, to federally register your business’s name. You happen to go to Vegas for the weekend, and you find a new pub with the same exact name as your business. Without federal trademark protection, you are limited when it comes to enforcement and protection, meaning there’s little you could do to stop the Vegas restaurant from using your name. An even more common – and still tricky – situation is what to do if your name brand slogan was federally protected by a third party before you started using yours.
3. INFRINGEMENT STRATEGY.
It is important to have a playbook in place in case someone infringes on your brand. It's important to be aware of how your brand might be infringed on by others. Sometimes, having a attorney send a cease-and-desist letter to the infringer will make them stop. willfully and maliciously exploited, you need to take appropriate measures to protect your business. A federal lawsuit might be needed to receive a temporary and permanent injunction to stop the infringer. You can also try to recover damages including lost profits.
Trademary Attorney Brian Russ is Excited to Serve San Jose Companies
The answer is straightforward – callconnect with} Brian Russ Law, Inc. today. We’re fielding inquiries from potential new clients every day. Having an lawyer on your team to protect your brand can help you avoid costly mistakes and give you invaluable peace of mind.