Getting your work trademarked can feel like the ultimate personal accomplishment in many ways. It grants you exclusive rights to profit off your own work, lets the world know that you own this product, and legally prevents others from taking advantage of your work without your knowledge or approval. Getting a trademark doesn’t just happen overnight. It can be a difficult process. You may wonder, “How fast can I get a trademark in California?” The answer will depend on the circumstances.
What to Expect
The amount of time it may take you to get a trademark in California depends on many different contributing factors, including how soon you applied for it, the exact nature of the product you are seeking to trademark, and whether your application was complete. Every trademark case is different, which means every product is going to take as long as it needs to take to be considered.
You may hear back from the U.S. Patent and Trademark Office within a month, as response times tend to be fairly quick in California. Granted, that’s never a guarantee. Every trademark ultimately takes its own time to finalize, as every case is unique.
Tips to Speed Up the Trademark Process
There are some things you can do to try and speed up the process of getting your product trademarked. Trademark registration is rarely a fast process, as many different moving parts must be considered to avoid infringement. Most of what you can do to speed the process along involves meticulous research into trends and preparing an airtight application with no problems. Here are some steps you can take to try to speed along the trademark process:
- Strong mark: The more distinctive and specific your trademark is, the easier it may be to get approved. This includes unique designs as well as unique product names. If you want to trademark a product’s name, you will have an easier time trademarking a made-up name or an existing word that’s unassociated with other products. Descriptive names and location names are often turned down, as are generic names like “apple sauce.”
- Choose well: You should never choose a trademark name that’s frustratingly like another existing product. For example, since Google is already a well-known website, you shouldn’t try to trademark a company name like Google. A strong likelihood of confusion may be enough to get your trademark denied.
- Start immediately: When you file for a trademark, you need to choose between two filing bases. You can choose either use in commerce or intent to use. If you are currently using your trademark in business, choose to use it in commerce. This gives you one less step to worry about before your trademark is registered. If you are not yet using your trademark, you must file it under intent to use.
The Trademark Process in California
Filing an application for a registered trademark may not be an easy process, but every step is necessary to ensure your trademark is wholly unique and able to be registered properly with the USPTO. Here are some of the vital steps in the trademark application process:
- Searching: The first thing you need to do before filing an application is search. You need to perform a comprehensive search for similar trademarks to ensure that yours is entirely original and unique. The last thing you want is to be accused of trademark infringement.
- Submit: Once you have confirmed your trademark is unique, you will need to fill out Form TM-100 to apply for a trademark. You will likely have to pay a filing fee of $70. Make sure you provide detailed information about your product.
- Review: The trademark office will go over your application and ensure it meets the correct standards and necessary legal requirements.
- Registration: If any actions need to be addressed on your side, your trademark will be approved once you take care of those concerns. Registration must be renewed every five years.
FAQs
Q: How Long Does It Take to Register a Trademark in California?
A: The amount of time it takes for a trademark to be registered in California depends on several important contributing factors. Generally, it can take anywhere between one and two months to get your trademark application reviewed and finalized. Processing times can vary depending on the details of the request and how busy the trademark office is at the time.
Q: How Fast Can I Get a Trademark in California?
A: You can get a trademark quickly in California. The general waiting period is usually only a couple of months, but there are things you can do to move that along. You can research your trademark and make sure it’s wholly unique. You can submit a complete application, which an intellectual property lawyer can help you with. If you are told to address an issue with your application, you can respond quickly and thoroughly.
Q: Should I Get an LLC or a Trademark First?
A: You should get an LLC before you get a trademark, as an LLC is the legal entity that owns and uses the trademark. A limited liability company (LLC) will be the legal owner of your trademark. Forming an LLC gives you a solid foundation for your business, and you can then apply for trademark protection. You should consider consulting with a lawyer before making any steps toward forming an LLC.
Q: How Much Does It Cost to Get a Trademark in California?
A: It generally costs around $70 to apply for trademark protection in California. This is essentially a one-time filing fee for registering a trademark in the state. If you look for additional services, you will have to pay additional fees for those services. Searching for existing trademarks can cost several hundred dollars. Working with a trademark lawyer may cost you thousands in lawyer fees.
Contact Us Today
Working with a trademark lawyer may be the most effective way to streamline the application process for your trademark. While it may not take that long in California, you may want to make the process go faster. A good lawyer may be able to help you figure out a way to make that happen. Contact The Myers Law Group today.