Evergreen Valley Law Group: US Trademark Lawyers in San Jose, CA
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US Trademark Attorneys in San Jose, CA
Do you want to create a strong brand identity that distinguishes you from your competitors? Then, consider having a registered trademark for your business.
A trademark is an exclusive sign or mark, including brand names and logos, that distinguishes your business, goods, or services from others. Trademarks are protected as intellectual property rights under US law, and anyone who uses your business brand for any other enterprise without your consent will be liable for trademark infringement.
However, to get complete protection under the law, you would need to register your trademark with the United States Patent and Trademark Office (USPTO).
For most prospective trademark applicants, the complex registration process is a deterrent. But instead of avoiding trademark registration and leaving your brand with limited protection, consider getting a US trademark lawyer to handle the process on your behalf.
How Does Trademark Law in the US Work?
Trademarks in the US are protected by federal laws, including the Lanham Act and common law.
Common law trademarks do not require registration but offer minimal protection for businesses operating in small geographic areas.
For maximum trademark protection across the US, you’ll need to register your trademark with the USPTO if you genuinely want to protect your company’s brand symbols and ensure other companies do not use them.
Before you can register your trademark, you’ll need to satisfy several prerequisites, including the following:
You’ll need to choose a unique sign, symbol, or brand as your trademark.
Once you have chosen your trademark, you will need to conduct a search to ensure that no one has registered the same or a similar trademark.
You can file to register your trademark once you confirm that no similar mark has been registered at the USPTO.
When your trademark is approved, you can notify the public of your trademark, issue cease and desist letters to any organization using the same symbols, and commence infringement lawsuits against offending third parties.
The entire process involves a lot of research and documentation and could take months. Any mistakes in the process could also lead to a denial of the application, so the USPTO allows you to be represented by trademark attorneys to make things easier.
How Trademark Lawyers Can Help You
Trademark lawyers in the US are licensed to practice law and represent clients at the USPTO and must abide by the USPTO Rules of Professional Conduct in the course of their duties. They can help you in several ways, including the following:
Conduct Trademark Research
A trademark lawyer can conduct a comprehensive search of the trademark register at the USPTO before you start the application process. A trademark search can help you determine if your desired trademark has been registered by someone else, so you’ll know whether to proceed with your application or re-strategize and come up with a new unique sign for registration.
This step is important and can save you time and money by preventing you from proceeding with an application for an already-registered trademark.
Prepare and File Trademark Applications Properly
Trademark lawyers work on IP portfolios regularly and are familiar with the USPTO filing requirements. With a trademark attorney, you don’t have to worry about meeting the technical specifications of the USPTO, as they can take charge of drafting the trademark application on your behalf. They can easily avoid common mistakes that might trip you up during the application process, which increases your chances of getting approval.
Provide Crucial Legal Advice
Trademark attorneys can assist you in understanding what protections your registered trademark offers and how to enforce them where needed.
Since they understand what kinds of intellectual property protection businesses need, they can advise you on other areas of IP protection, such as patents, where trademark protection may not be sufficient.
Legal Representation
With a trademark lawyer on your side, you don’t have to worry about responding to USPTO Office actions if there is any issue with your application.
An office action is an official letter from the USPTO containing a list of any legal problems with your application or trademark identified by the examining attorney. You’ll need to provide a suitable response and resolve all the highlighted issues before your trademark is registered.
Your lawyer can help you resolve the identified issues and correct any errors in your application to ensure that your trademark is registered. If the USPTO still denies it, your lawyer can file an appeal with the Trademark Trial and Appeal Board (TTAB) and represent you and your brand throughout the proceedings.
Maintain Your Trademark Rights
Once your trademark has been registered, you’ll need to maintain your trademark with the USPTO at specific intervals. If you fail to maintain your trademark, your registration may be canceled, and you’ll no longer be entitled to trademark protection within the US.
Your trademark attorney can ensure this doesn’t happen by filing the required legal documents at the appropriate time and ensuring your records are always up to date.
You can rely on your attorney to respond promptly to any legal issue concerning your trademark, which reduces your stress and the likelihood of third-party infringement on your brand.
Get Help From Reputable US Trademark Attorneys in San Jose, CA
You can contact Evergreen Valley Law Group for further information on trademark prosecution or if you need trademark services in the US. We are experienced intellectual property attorneys based in San Jose, CA. We can offer sound legal counsel on IP rights and registration in the US and represent you no matter where you are.
Get in touch with us, and let us help you protect your business and brand to the maximum extent possible under US trademark law.
Frequently Asked Questions
Can I Register a Trademark Someone Already Uses?
Yes. You can register an unregistered trademark that is being used by someone else. You can also register a previously registered trademark for another enterprise if you are in a different field and if using the trademark won’t confuse consumers.
For further information about your options and the legal implications of registering a trademark already in use, you may contact an attorney at the Evergreen Valley Law Group.
When Will I Need to Renew My Trademark Registration?
Federal trademark registrations are renewable every ten years. You’ll need to file your renewal application and pay the renewal fees within the stipulated time or risk losing your registration status. Contact an experienced trademark attorney for help with renewing your trademark if you’re unsure how to proceed.
