For many businesses, the idea of registering their trademark on the Federal Principal Register with the United States Patent and Trademark Office (USPTO) is a thought but sometimes pushed to the side as “not yet necessary” to running the everyday business. In truth, many businesses seem to think that their business name and logo will not be “hijacked” by a competitor. However, many businesses fail to realize that competitors can easily create a new business with a similar name and logo and simply take advantage of the original company’s hard work and expense in advertising and establishing brand name recognition. Your competitors do not need to actually copy the name and logo exactly to benefit from your hard work. Eventually, no one will know who the original business was, and your attempts at advertisement and branding your company will become diluted in the sea of copycats. Do not let your hard work go down the drain.
Many business owners spend tens of thousands and sometimes even hundreds of thousands to establish their business. Because of this huge investment, business owners should come to their senses and realize that failing to spend a tiny fraction of that entire investment to protect their company’s financial future is foolish. Many businesses fail to realize just how valuable their intellectual property can become. Your main goal as a business owner is to build a successful business. If you are ultimately successful in building your business, your intellectual property can become your most valuable asset. Think of those companies who sell franchises for hundreds of thousands of dollars. Brand recognition can be everything to a business.
Before you begin placing product out into the market or providing your services under your business name, or even advertising with your business logo, you need to speak with your trademark attorney. Speaking with your trademark attorney before you even begin using your business name or logo will help safeguard your company’s intellectual property.
It is especially important to speak to your trademark attorney as soon as possible because the process of registering your trademark on the Federal Principal Register is a long and sometimes arduous process. It typically takes a minimum wait time of anywhere from 12 to 14 months from the date of filing to receive approval and registration of your company’s trademark. Unfortunately, that is simply how long the process takes and there is not much your attorney can do to speed up the processing time of the USPTO.
Moreover, the process of actually obtaining approval sometimes requires several filings and discussions between your attorney and the USPTO examining attorney assigned to your case. In instances where you have yet to use the trademark, your trademark attorney can do an initial filing to show your intent to use it and later file a Statement of Use showing your use once you begin operating your business. This essentially gets your application process started and puts others on notice that you will be using this trademark. If someone files for trademark registration using your business’ name and /or logo after your application showing your intent to use is filed, it is unlikely the USPTO examining attorney will allow the application to proceed.
It is important to note that there are several legal hurdles that sometimes result in applications being initially refused by the examining attorney. It is also important to remember that each time you file any type of response with the USPTO, there is a fee. If you fail to get it right the first time, filing for trademark registration can be extremely costly.
It is estimated that about 7 out of 10 trademark registration applications are initially refused by the USPTO examining attorney. Your trademark attorney can help you file an application that is part of the 30% of applications that is accepted by the examining attorney. A trademark attorney can help you get your trademark registered as soon as possible.
Call the Bailey Law Corporation today to speak with a trademark attorney. We have offices throughout Southern California: Los Angeles, Beverly Hills, Manhattan Beach, Pasadena, Long Beach, La Mirada, Mission Viejo, Huntington Beach, Newport Beach, San Diego, Riverside.