When you own or run a business, there are many ways you can protect your work. Whether you install security cameras, buy advanced insurance coverage, or do background checks on employees, you are constantly protecting your company and the work that you do.
Legally designating your intellectual property is one of the best ways for you to protect your company and your hard work. By claiming your work as your own, you can make sure that you have grounds to take legal action if someone else steals your idea or any other protected aspect of your business. Without legal protections, other companies may be able to steal your intellectual property without any significant consequences. Essentially, you are giving away your hard-earned rewards.
Trademarking your business’s name is one of the first steps to protecting your intellectual property. This can help you to preserve brand recognition and make sure that others do not try to create businesses that confuse your clients out of giving you their business. Though the trademarking process may seem intimidating, it’s extremely doable, especially with the help of an experienced attorney. If you own a business, it is important to seek legal trademark status so that you can claim what is rightfully yours and continue to thrive as a company.
What Is a Trademark?
When it comes to intellectual property, there are a lot of different terms that can easily become confusing. Trademarks are a type of intellectual property protection that covers your business’s name, logo, and symbol from being replicated by other companies. With this designation, there are strict rules about what other companies are allowed to do with similar designs, names, and branding.
For example, the Coca-Cola trademark covers the iconic cursive script that is on most cans, bottles, and signs advertising Coca-Cola. Because this name is trademarked, other companies are not allowed to use a similar name and logo for their own brand. If a company were to try and use a similar logo or name, Coca-Cola could take them to court and sue them for any lost money or damages that the company caused.
However, if Coca-Cola did not have a trademarked name, other companies could technically use similar logos and names to sell similar products, and Coca-Cola could not do anything to stop them. This means that knockoff Coca-Cola beverages would be on the market, taking money that would have otherwise gone to the Coca-Cola company. This lost income could not be legally restored to the rightful owners.
How Much Does it Cost to Get a Name Trademarked in California?
The cost of trademarking depends upon how large your company is and what you are trying to accomplish. State trademarks cost $70 in California. This protects you from trademark infringement by other California companies. However, this does not protect you nationally. It costs around $300 to get a national trademark. This will protect you from trademark infringement nationwide.
Though it protects you on a larger scale, national designation is not always necessary. If your company is relatively small and you only serve local clients, a state trademark may be more than enough for your purposes. For example, a small, local boutique may want to protect its name and logo to ensure exclusivity in the area. However, it is unlikely that similar boutiques in other states would be significant competition, even if the logo or name were similar. In this scenario, a state trademark would be sufficient.
However, if your company has clients in several states or operates nationally, a state trademark will not be enough to properly protect you. In these scenarios, a national trademark makes much more sense.
What Is the Easiest Way to Trademark a Name?
Trademarking a name is not as complicated as many people believe it to be, though it does require precision and attention to detail. The process can be done entirely online.
It is best to go through the process with an experienced trademark attorney. We can help you to make sure that you have completed the process correctly. If you have not, there may be delays in obtaining your trademark. You may even have to start over if you complete the application incorrectly. What’s more, we can help you to determine if state or national protections are best for you. Some small businesses may benefit from national protection so that they can grow in their market and retain their unique branding.
We can also advise you on other legal protections that may be beneficial in your case. Patents, copyrights, and design protections may be appropriate for your business. When we help you to create these protections for your company, we can better assist you if you need to take legal action against intellectual property infringement later on.
How Long Does a Trademark Last?
You may be relieved to know that when you have completed the trademark process and your application has been approved, your trademark lasts for ten years. This means that you are protected from IP infringement on your trademark for an entire decade. Between years five and six of your trademark terms, you must file an affidavit saying that your trademark is still in use. This is much less thorough than the original application and ensures that trademarks that are not in use are released and other businesses can trademark similar logos, symbols, and names.
You may renew your trademark after ten years’ time if you so choose. Each term will last for ten years and will require an affidavit halfway through. Your Orange County trademark attorney can help you to remember these deadlines and help you with the process to ensure that everything is done correctly.
Contact Myers Law Group
When it comes to trademarks, copyright, patents, design protections, and other intellectual property, you can never be too careful. Our team is here to help you protect your business and ensure that your hard work is not stolen from you. If another company tries to infringe on what is yours, we are the most experienced Orange County intellectual property attorneys, and we can help you take legal action to get reparations.
For more information on how we can help you, contact Myers Law Group online today.