Los Angeles Trademark Application & Registration Attorney

Your business has invested countless hours in offering quality goods and services to your customers. Your business has also invested time and money in communicating your offerings - often through brand identifiers like trademarks. 

US law grants some protections to trademarks as soon as the mark is used to identify unique goods or services. For fuller protection, however, a trademark’s owner can register the mark with the United States Patent and Trademark Office (USPTO). 

If you’re considering trademark registration, talk to an experienced Los Angeles trademark attorney today. The team at Cohen IP can help you maximize your chances of success in filing a trademark application. 

What is a trademark?

A trademark identifies a brand or, more specifically, the source of origin of particular goods or services. It communicates to customers that a good or service comes from a particular source, such as a certain business. 

Many communicative elements can receive trademark protection. Common elements registered as trademarks include:

• Names of products or companies (Kodak, Pepsi),
• Logos identifying a company or brand (the Nike “swoosh,” the Starbucks mermaid),
• Designs associated with a particular brand or product (the Coca-Cola font),
• Colors specific to a logo or design (Penguin Books’ “penguin” logo contains a specific shade of orange).

Other features may receive trademark protection as well. The Windows startup chime, for instance, may receive trademark protection as a brand-identifying sound. Scents can also receive trademark protection and may be registered with the USPTO. 

Why register a trademark?

Obtaining a trademark registration can strengthen your ability to protect and enforce your business and the goods and/or services used in connection with the trademark. 

US law provides some protections to trademarks in use whether or not the mark is registered. According to the USPTO, however, the benefits of registering a trademark include:

• Listing your trademark in the USPTO registration database. All trademarks registered with the USPTO and pending applications are searchable in the USPTO’s Trademarks Electronic Search System (TESS). Other businesses can search, see your registered mark, and avoid infringing upon it - saving you the difficulties of protecting your mark. 
• Receiving a legal presumption of ownership, right to use, and right to file a suit in federal court. When your trademark is registered, a copy of your registration certificate is often enough to demonstrate to a court that you own the mark and have the right to use it, as well as the right to file a legal claim concerning the mark. Without this certificate, you may be required to present copious, complex evidence establishing your ownership and right of use. 
• Expediting the process of filing for trademark protection in other countries. Some other countries allow you to use your USPTO registration as a basis for filing for trademark protection, making the process simpler. 
• Getting support from U.S. Customs and Border Protection (CBP). A registered trademark can be filed with CBP, which can then use this information to stop infringing goods from being imported into the US. 

Some of these benefits are available by registering a trademark with the US state in which your company offers its goods or services. However, state protection only applies within the state or states that have your registration on file. Registering a trademark with the USPTO extends registration protections across all US states. 

It is important to remember that registering a trademark with the US Patent and Trademark Office does not grant international trademark protection. If your mark will be used internationally, speak to an experienced attorney about international trademark protections. 

Trademark Search and Application Package

Cohen IP offers trademark search and application services, including consultations about the results of a trademark search and the details of your application. 

Our recommended trademark application and search services include:

• Initial trademark consultation and pre-filing strategy
• Trademark search and clearance report with consultation directly with Mr. Cohen to discuss the result and filing strategy
• Strategic preparation of description of goods and services to maximize protection and enforcement
• Drafting, preparation, and filing of trademark application
• Responding to office actions as necessary
• Attorney of record services and written status updates of the application
• Confirmation letters of registration
• Renewal and monitoring services

Upon issuance of your federally registered trademark, you have the following significant benefits:

• Nationwide constructive notice of trademark ownership
• Evidence of and a presumption of ownership
• Federal court jurisdiction (should you have to sue to prevent infringement)
• Federal registration can be used to obtain foreign registration
• The registration may also be filed with the U.S. Customs Service to prevent the importation of foreign goods that infringe on the trademark

An experienced trademark attorney can also answer your questions at each stage of the search and application process. 

Work With an Experienced Los Angeles Trademark Application & Registration Attorney

At Cohen IP, our attorneys have filed hundreds of trademark applications with the United States Patent and Trademark Office (USPTO) in addition to state and foreign trademark applications. We’re dedicated to helping our clients seek the IP protection they require. To learn more, contact our office today.