Trademark Attorney Orange County
Trademark Applications
A business or non-profit needs proprietary rights in a trademark that identifies their product or services from any other. All trademark applications need to be made to the United States Patent and Trademark Office (USPTO). For trademark applications, you will greatly benefit from the services of the Trademark Attorney Orange County team who will guide and expedite the legal process for any trademark and intellectual property rights.
A name, slogan or logo that identifies a product or service needs to be protected, because as the company becomes successful, others may try to divert customers by using the same logo or identification. The first thing a trademark attorney will do is file the application, but that is just the beginning.
There are four basic reasons to make a trade mark application.
- The trademark is already being used by the applicant for commerce or services.
- The trademark is not being used, but there is intent by the applicant to use it.
- A foreign application has been filed within the last 6 months.
- A foreign registration already exists for the trademark.
Trademark applications may not necessarily be accepted. Only about half of the applications get registered. If the trademark is refused there will be no refund of the fees. This is one reason why a trademark attorney orange county is so valuable in the process.
The three main reasons why a trademark application gets rejected are: it is a non-distinctive or weak trademark, it is a generic term or it is too similar to an existing one. It could also be rejected if it is immoral or deceptive, but this is rare.
Some companies prefer a weak trademark because it is descriptive of their company. It is difficult to know which is strong and which is weak because it depends on consumer recognition. If the trademark is considered weak, it will be put on the Supplemental Register instead of the Principal Register.
A generic term such as mobile phone may not be trademarked because then no other mobile phone company could use those words. Finally, a trademark will be rejected if it is too much like one already being used. This is called the likelihood of confusion and is one of the basics of trademark law.
The Trademark Attorney Orange County team can help with the search that is required before trademark applications are filed to make sure any trademark proposal is not already taken or very similar. This is a tedious task that the attorney will be able to do quicker and easier as he or she will have years of experience.
Words and designs are not the only things that are trademarked. Some businesses have trademarked combinations of colors, sounds and odors and identify products such as Newman’s Own. Some identify services and are called service marks such as FedEx or Jet Blue.
The responsibility for policing the use of a trademark depends on the owner. The Trademark Attorney Orange County team will make sure the trademark is properly protected and can help in the case of trademark infringement. If there is an infringement, the attorney will file the administrative petition or complaint with the USPTO and, if necessary, begin the trademark litigation process.
Contact the Trademark Attorney Orange County team today to schedule a consultation.
Share Trademark Attorney Orange County
