Orange County Trademark Attorney
Trademark Application and Renewal Facts
According to the United States Patent and Trademark Office website, trademark law is designed to protect a proprietary “word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.”
Specific application procedures and requirements, which the U.S. Patent and Trademark Office has developed, help ensure that valid trademarks are protected and legal challenges kept to a minimum. A trademark attorney Orange County law partner is well-versed in these requirements and can explain them more fully.
Trademark Types
Trademarks can be of various types, depending on their purpose. A list of the types, along with a brief description of each, follows below:
- Service Mark: a trademark that represents a service, rather than a good, or product.
- Certification Mark: a trademark owned by a certifying entity, used to endorse the goods or services of others, and certify that they meet a specific standard. Though owned by the certifying agent, a certification mark is used by the party being certified.
- Collective Mark: a commercial trade or service mark used by members of collective groups, such as unions, associations, cooperatives, or other organizations. This includes marks indicating membership in the group or organization.
Brand Names as Trademarks
Your trademark can be the perfect way to protect your brand name. Because your brand name represents your brand identity, you’ll want to select a strong one right from the start – one that will be less open to legal challenges or trademark infringement.
The most credible brand names are those referred to as “fanciful” names, which were originally designed to function as trademarks. Next in credibility come “arbitrary” names, the names of commonly known objects, which are used in a new and different sense than the original word. “Suggestive” names come next in degree of credibility and legal protection. These assign a particular attribute or characteristic to the product. And finally, “descriptive” names, the weakest kind, simply describe a product in a more general way. These enjoy the least legal protection, since they tend to be so generic as to not be legally enforceable.
Why Hire a Trademark Attorney?
Though not required for submitting your trademark application, retaining the trademark attorney Orange County team would benefit you for the following reasons:
- The trademark application process can be complex, and an experienced trademark attorney can help guide you through it.
- You’ll need to comply with all requirements of the trademark rules and statutes when filling out and submitting your trademark application. This can help prevent or minimize legal problems in the future.
- Should the U.S. Patent and Trademark Office raise legal issues related to your trademark application, you will be required to respond.
Trademark Registration and Renewal Requirements
- Determine whether your product is eligible for a trademark. If you are already using, or planning to use, the product or service in commerce, you may apply based on that fact.
- Search the USPTO trademark database to find out whether your desired trademark is already registered.
- Complete and file your trademark application online at the United States Patent and Trademark Office website.
- As long as they are in commercial use and you file all required documents in time, trademarks are perpetually renewable.
You’ll find further information about trademark registration at the United States Patent and Trademark Office website. The trademark attorney Orange County team have the knowledge, skills, and successful experience to assist you. The trademark attorney Orange County team have the knowledge, skills, and successful experience to assist you with the often-confusing trademark application and renewal process. Contact the trademark attorney Orange County team today to schedule a consultation.
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