In the business world, having a visual brand identity is one of the most important tasks you can prioritize to set your company apart in the market from all current and future competition. Your logo, company name, and other identifying marks are what customers will use to remember your business. That’s why it’s important to ensure that your trademark is strong and protected against infringement.
Many business owners find themselves overwhelmed when they start registering their trademarks. After spending so much time creating the perfect brand identity, figuring out the legalities can be exhausting. That’s where legal representation in the form of a trademark lawyer can be constructive, saving business owners time, money, and stress.
At the Kinder Law Group, we represent business owners in all aspects of trademark law, from registration to infringement litigation. We understand how vital it is for businesses to have a strong and protected trademark for their visual brand identity. When you work with our team, we will take the time to get to know your business and help you determine what kind of trademark protection makes the most sense for you. We will then handle all paperwork and legwork involved in registering your trademark with the USPTO.
Once your trademark is registered, we can help you monitor it for potential infringement and act if someone does violate your rights. We also represent clients when facing trademark infringement litigation, should it become necessary. We are your legal brand advocates, and we will do everything in our power to help you protect your valuable trademark.
Intellectual property is any intangible asset that has been created by someone and has commercial value. This includes things like trademarks, copyrights, and patents. Los Angeles intellectual property can be divided into two basic categories:
Intellectual property law is the area of law that deals with the protection of these intangible assets. In the United States, intellectual property law is governed by federal law and protects intellectual property owners from having their assets stolen or copied without permission.
A trademark is a tangible form of intellectual property that consists of a word, phrase, symbol, or design specifically used to identify a particular product or service. Trademarks are used to distinguish one company’s products from another and can be registered with the USPTO.
Some common examples of trademarks include company logos, brand names, and product names. Trademarks can be either registered or unregistered. Unregistered trademarks are more common and are typically used to identify a company’s products or services. Registered trademarks are more formal and give the owner exclusive rights to use the mark.
There are several business benefits to registering a trademark, including:
If you have a strong trademark that is not registered, you may still be able to prevent others from using it. However, registering your trademark gives you several legal advantages and makes it easier to enforce your rights.
The first step in officially registering a trademark is choosing a distinctive mark that’s not already in use. The mark must be used for the purpose of commerce to be qualified for registry. Once you have selected a mark, you need to file an application for a trademark with the USPTO.
This application needs to include:
After the application is filed, it will be assigned directly to an examining attorney. The examining attorney will take time to review the application and make sure it meets all the requirements without conflicting with any existing trademarks. If the application is approved, it will be officially registered, and you can use the ® symbol.
After the mark is published, anyone who believes the registration of the mark would harm them has thirty days to file an opposition. If no one files, or if the opposition is unsuccessful, the mark will be registered.
Any person or company that uses a mark in commerce can register it. This includes individuals, partnerships, corporations, and other business entities. To register a trademark, the mark must be used in commerce. This means that it must be used in connection with the sale of goods or services.
If you are not currently using your mark commercially but intend to in the future, you may file an “Intent to Use” application. This type of application allows you to reserve the mark for future use. To officially complete the registration, you need to show that you have started using the mark in commerce within a certain period.
A copyright is a type of intellectual property that protects original works of authorship, such as books, movies, music, and artwork. Copyright law gives the creators of these works the exclusive right to reproduce, distribute, perform, and display their work. Copyright protection is available to business owners for both published and unpublished works.
The difference between copyrights and trademarks is that copyrights are for protecting creative ideas, like writing, artwork, or video, while trademarks are used for protecting the use of a word, phrase, or logo to identify a product or service. For example, a copyright would protect the script of a movie, while a trademark would protect the name and logo of the movie studio. Another example is book copyright, which would protect the text of the book, while a trademark would protect the title and author’s name.
When choosing a trademark, you want to choose something that is distinctive and not already in use. The mark must be used in commerce to be registered. Here are some tips for choosing a strong trademark:
These tips will help you choose a strong trademark that is less likely to be challenged or opposed.
An attorney is not required to file a trademark application, but there are several benefits to working with an experienced trademark lawyer.
These include:
There are several risks associated with not using an attorney when filing a trademark application, including:
Overall, working with an experienced trademark attorney can help you avoid many of the risks associated with filing a trademark application. While there is no guarantee that your application will be approved, working with an attorney can give you the best chance of success.
When choosing a trademark attorney, it is important to find someone who:
If you are looking for a qualified trademark attorney in Los Angeles, contact The Kinder Law Group today. Our experienced attorneys can help you with every step of the trademark process, from filing your application to responding to objections. We will work diligently to protect your interests and help you obtain the trademark registration you deserve. Contact us today to begin the process.
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