Top 5 Things to Consider Before Registering a Trade Mark in Los Angeles
Business Owners in Los Angeles: Consider Many Factors Before Registering a Trade Mark3 min read
Business owners in Los Angeles considering registering a trade mark should be aware of the many factors to consider before taking the plunge. This article seeks to provide a general overview of these factors, and it is recommended that interested business owners consult a legal professional for more specific information on trademark registration in Los Angeles.
The registration process for trademarks in the United States is complex, yet the benefits of successful registration can be significant. With this in mind, there are five main issues to consider before attempting to register a trademark in Los Angeles.
1. Determine of the Mark Is Eligible for Registration
The U.S. Patent and Trademark Office (USPTO) grants trademarks to designs and words that can be used to identify a source of goods or services. However, there are limitations and restrictions on what can be trademarked.
Generally speaking, generic words and descriptive terms of common expressions that appear in the dictionary are ineligible for trademark protection. The USPTO will also reject trademarks that are simply the surnames of living individuals. Additionally, applicants must prove that the purpose of the mark is to identify one specific source, not the entire industry.
2. Research Whether There Are Conflicting Trademarks
Before submitting a trademark application in Los Angeles, it is vital to conduct an extensive search of known existing trademarks. Before granting the registration, the USPTO will conduct its own trademark search. Therefore, it is beneficial to do your own research first to avoid having a trademark application rejected for conflicting with an existing trademark.
3. Use the Appropriate Filing Basis
When filing a trademark application in the United States, the applicant must select a filing basis. This basis may be a bona fide intention to use the mark on a product or service in commerce, or a claim that the mark is already being used in commerce. Each declaration of use has a different set of filing requirements and documents, and it is important to ensure that the correct filing basis is used from the outset.
4. Hire a Trademark Attorney in Los Angeles
Trademark registration is a highly complex process that is best navigated with the help of knowledgeable attorneys. It is recommended that business owners facing trademark issues turn to a qualified legal counselor for help. UpCounsel offers businesses access to trusted legal counsel in the Los Angeles area and beyond. Their network of experienced attorneys can help with filing for trademarks, trademark enforcement, and more.
5. File a Statement of Use or Excusable Non-Use
The USPTO will register a trademark only if the applicant files either a Statement of Use or a request for Excusable Non-Use. If an applicant initially elects to use the filing basis of intending to use, the USPTO must receive a statement of use within six months of a Notice of Acceptance being issued. Failure to do this may result in the cancelation of the trademark registration.
It is recommended that business owners in Los Angeles or elsewhere in the United States understand the five major considerations before attempting to file a trademark registration. Failing to consider any of these issues could lead to a trademark application being rejected by the USPTO. To ensure that the filing of your trademark is successful and error-free, it is strongly suggested that you consult a knowledgeable trademark attorney in Los Angeles.
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