Branding Basics: California Trademark Law Essentials
Trademarks are, in many ways, the foundation of intellectual property law, the fundamental building block every company needs. Increasingly they are relevant for personal branding as well, especially in influencer-heavy California – but how well do you actually understand why trademarks exist and how they work? This article will help you brush up on this branding essential, including:
- What trademarks are, what they do, and why that is so important.
- How an attorney can help you protect your brand and intellectual property with trademarks.
- The basics of starting and renewing your own trademark, including some of the documents needed during the process.
What Is Trademark Law, And What Protection Does It Provide?
Trademarks are one of the three cornerstones of intellectual property laws in California and across the US. Trademarks serve to identify the provenance of a good or service by clearly connecting a symbol or brand with the company that has created it. This serves three important purposes.
First, trademarks serve to identify the origin of a product or service. This is vital to governments who want to protect consumers. But trademarks also help the companies who use them, serving to build brand identification, customer loyalty, goodwill, and even market dominance. Those then contribute to the very value of your product or service, influencing how much consumers are willing to pay for them.
Finally, trademarks serve to protect your intellectual property. The intangible ideas and symbols which are increasingly important to any company's success.
How Will A Trademark Attorney Help Me Protect My Intellectual Property?
Obtaining a trademark is not nearly as simple as just putting ™ after your product name or brand logo. You need to go through several, sometimes quite complex, bureaucratic steps and procedures to ensure your intellectual property is protected by a trademark.
An intellectual property law attorney can help you secure the protection of a trademark by walking you through the application itself or by helping you create and refine your trademark first.
A trademark attorney’s experience is vital to figuring out whether your trademark is likely to be approved and granted by the United States Patent and Trademark Office. After all, not all trademarks are created equal; some are much stronger than others, and a trademark attorney can help steer you toward those.
Finally, an attorney will help you avoid common pitfalls and mistakes that might delay your trademark application or get it rejected outright, including what documents you will need.
What Information And Documentation Are Needed To Create A Trademark?
The most important thing the government cares about when accepting or refusing a potential trademark is whether you intend to use it or, ideally, if you already use it.
As a result, you want to bring your attorney evidence that you are using it or clear evidence of how you intend to use it – because by the time the registration is complete, you will have to provide evidence that you are using whatever you want to trademark.
Other documentation can strengthen your case to secure trademark registration. For example, if you already have the trademark registered in another country, that foreign registration is strong evidence in your favor.
Finally, you need the mark itself, the design you plan to trademark. Your attorney will help you make sure that that specific design or brand is not already being used in an overlapping industry, which would impede your ability to trademark it for your product.
This, combined with the proof of its use, are the cornerstones of your trademark application, and you will need to continue providing that proof regularly.
Do I Ever Need To Renew My Trademark?
Every five to six years, you must renew the Trademark if you want to keep it. You have to show that you are still using it, or else someone else is allowed to do so. Therefore, you have to actively pay for the Trademark to maintain it and regularly provide proof of its continued use in commerce.
These are steps a patent and trademark attorney will help you take, correctly and on time, to make sure your intellectual property benefits from the best possible protection. For more information on Handling Trademark Issues In California, an initial consultation is your next best step.
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