Trademark Attorney

Trademark Law

Registering a trademark with the USPTO provides nation-wide protection, and puts the country on constructive notice of your trademark ownership. A registered trademark grants exclusive use of that mark to the owner. This right allows a business owner to protect their brand, prevent others from using their mark without authorization, and enables an owner to monetize their brand through licensing.

Some business owners prefer to file trademark on their own, to save costs in attorney’s fees. While this practice is perfectly acceptable under the law, it is not without risk. Every trademark application must be unique, filed within a certain class of goods, and is subject to non-refundable filing fees. In addition, it can take upwards of 6 months for the USPTO to review your application and make a determination. If the USPTO determines after that the mark conflicts with an existing trademark, or finds any other fatal errors in the application, it may reject the application. If an application is rejected, the business owner will have wasted not only the filing fees, but the 6+ months in waiting time.

In addition, there are many other nuanced distinctions in trademark law. For example, there is a difference between a trademark and a trade name. A trade name is any name that a person or company is using to do business. While a copyright is valid as soon as a work is created, a trade name only becomes a trademark when it is used in connection with the actual sale of goods or services. A trademark can be registered, a trade name cannot. If you have a website, and merely provide information, you likely cannot trademark the name. But once you start selling products on your website, you may seek trademark protection.

A business owner should consult with a trademark lawyer to determine all potential trademark rights that may exist, and to formulate a filing strategy with the best chances of success.

Trademark Services

Kohler Legal provides a range of trademark services, including:

• Basic Clearance Searches
• In-Depth Search & Reporting
• Name Availability Assessments
• Application Preparation & Filing
• Office Actions
• Renewals & Subsequent Filings
• Trademark Licensing
• Trademark Litigation

For more information on our trademark services and fee packages, you can read our page on fixed-fee trademark packages.

How Can We Help?

Kohler Legal provides trademark law services to businesses throughout San Diego county, including Del Mar, Carmel Valley, Downtown, Point Loma and surrounding neighborhoods. If you have a trademark you would like to file, or have questions about other trademark related matters, contact Kohler Legal to speak with a San Diego trademark attorney.