Protect Your Brand with a Trademark

Safeguard Your Business Identity & Gain Exclusive Rights

A trademark is a registered symbol, word, phrase, design, or combination that sets apart the origin of goods or services. It aids consumer recognition and differentiation in the market. Trademarks grant exclusive rights, preventing confusion with similar marks. They safeguard brand identity and ensure a competitive edge in business.

Protect your brand with a registered trademark! Our attorneys are ready to guide you through the process. Contact us today at (661) 449-2297 for a free consultation!

How Long Do Trademarks Last

The duration of trademarks varies by jurisdiction, but they can last indefinitely if actively used and maintained. In the United States and many countries, trademarks can be renewed indefinitely by paying renewal fees and using the mark in commerce. Familiarize yourself with the laws in your jurisdiction for precise details on trademark duration and renewal requirements.

What is the Difference Between Trademarks and Copyrights

Trademarks and copyrights provide distinct forms of intellectual property protection:

Trademarks:

• Safeguard names, logos, symbols, or identifiers distinguishing goods/services.
• Prevent confusion, maintain brand identity, and grant exclusive usage rights.
• Associated with business names, logos, slogans, and product identifiers.

Copyrights:

• Protect original literary, artistic, musical, or dramatic creations.
• Prevent unauthorized copying, distribution, or reproduction.
• Exclusive rights to reproduce, display, perform, and create derivative works.
• Associated with books, songs, movies, artwork, photographs, and software.

In summary, trademarks secure brand identities, while copyrights safeguard creative works.

At Kanowsky & Associates, we understand the importance of protecting your brand and your products. We are dedicated to helping you protect your trademark in a cost-effective and efficient manner. Our experienced Santa Clarita trademark attorneys can provide you with the legal advice and representation you need to protect your trademark from infringement.

We provide a wide range of trademark services, including:

• Trademark registration
• Trademark infringement
• Trademark monitoring
• Trademark disputes
• Trademark litigation
• Trademark licensing
• Trademark portfolio management

We understand the importance of protecting your brand and products. Our attorneys will work with you to ensure that your trademark is properly protected and that you are in compliance with all applicable laws and regulations.

Benefits of Registering a Trademark

Registering a trademark provides businesses with valuable legal protections and strengthens brand identity. Here’s why it’s essential:

• Exclusive Ownership Rights – Trademark registration gives you the exclusive right to use your brand name, logo, or slogan in connection with your products or services.
• Brand Protection – A registered trademark prevents others from using similar names, symbols, or designs that could confuse customers.
• Competitive Advantage – Your trademark helps set your business apart from competitors, making your brand more recognizable and trustworthy.
• Business Value Growth – A strong trademark increases the overall value of your business, making it more attractive to investors and potential buyers.
• Legal Protection Against Infringement – If someone else tries to use your trademark, you have the legal grounds to stop them and seek damages.

Common Trademark Mistakes to Avoid

Trademark registration can be a complex process, and mistakes can lead to legal issues or loss of protection. Avoid these common pitfalls:

• Skipping a Trademark Search – Many businesses fail to check if their desired trademark is already in use, leading to potential disputes and rebranding costs.
• Using a Generic or Descriptive Name – Trademarks must be distinctive. Generic names (e.g., "Best Coffee") are difficult to protect.
• Ignoring Trademark Monitoring – Just because you register your trademark doesn’t mean infringement won’t happen. Regular monitoring helps detect and stop unauthorized use.
• Missing Renewal Deadlines – Trademarks need to be renewed periodically. Failure to do so can result in losing protection.
• Incorrect Trademark Usage – Improper use, such as inconsistent branding or failing to use the ™ or ® symbol, can weaken your legal protection.

Steps to Register a Trademark

Securing a trademark involves several steps. Here’s what the process looks like:

1. Conduct a Trademark Search – Before applying, check the USPTO database to ensure your desired trademark is unique and available.
2. File an Application – Submit a trademark application to the USPTO, including details about your mark and how it will be used.
3. Respond to Office Actions – If the USPTO finds any issues with your application, you may need to provide additional information or make adjustments.
4. Wait for Approval – Trademark approval can take several months. During this time, your application is reviewed and published for opposition.
5. Maintain and Renew Your Trademark – Once registered, you must actively use your trademark and renew it periodically to keep it valid.

By taking the right steps, you can secure long-term protection for your brand and ensure its continued success in the marketplace.

Frequently Asked Questions (FAQ) About Trademarks

Can I trademark my business name and logo at the same time?

• Yes, you can file separate trademark applications for your business name and logo, or you can combine them in one application. However, registering them separately provides stronger protection in case you want to modify your logo in the future.

Do I need a trademark if I already have a business name registered?

• Yes. Registering a business name with your state only prevents other businesses in that state from using the exact same name. A federal trademark gives you nationwide protection and helps prevent infringement by businesses in other states.

How long does it take to get a trademark registered?

• The trademark registration process typically takes 8 to 12 months, depending on whether there are objections or oppositions. Some applications may take longer if additional documents or legal arguments are required.

What’s the difference between ™ and ®?

• ™ (Trademark symbol) – Used for an unregistered trademark to claim ownership, even before official registration.
• ® (Registered trademark symbol) – Can only be used after the trademark is officially registered with the USPTO.

Can I trademark a slogan or tagline?

• Yes, as long as the slogan is distinctive and clearly associated with your brand or product. Generic or commonly used phrases may not qualify for trademark protection.

Do I need an attorney to register a trademark?

• While you can file a trademark application on your own, hiring an attorney increases the chances of approval. An experienced trademark attorney can conduct a comprehensive trademark search, handle legal objections, and ensure your application is properly filed.

What happens if someone else is using my trademark?

If another business is using your trademark without permission, you can:

• Send a cease and desist letter requesting they stop using it.
• File a trademark infringement lawsuit if they refuse to comply.
• Work with an attorney to enforce your legal rights and seek damages if necessary.

Contact our Trademark Attorneys

If you have any questions about our trademark services, please don’t hesitate to contact us. We look forward to helping you protect your trademark and your brand. We offer a variety of intellectual property services to ensure that your company and it's ideas are protected.

Facing a trademark dispute or infringement issue? Don’t wait—take legal action now! Contact us at (661) 449-2297 to discuss your options.