Trademark Lawyer San Luis Obispo, CA

What to Do After a Trademark Is Registered?

After you have registered your trademark, you should do the following steps to utilize your trademark to the full extent. This means that you should use the ® instead of the ™. You should monitor the USPTO database and the market for infringement. And you should meet USPTO renewal guidelines.

But why should you use the trademark or SM symbols after you have registered your trademark? So, the first two marks mentioned prior show a claim to the trademark, while the ® shows federal claim. Using this symbol means that you have a federal document that backs up your claim.

® is for marks that have been registered with the federal government of the United States; this is an exclusive right of the people that have formally registered their trademarks. And prior to registration, the only symbols that you can use are the ™, and the SM symbol. These are used during the application process because they indicate the ownership of a mark. The ™ stands for trademark and represents physical goods such as clothing. SM means service mark and is going to be used to represent things like a legal business.

In commerce trademark is used to refer to both trademarks and service marks, and ® is universal and can replace either a trademark or a service mark.

We’ve already said that you should monitor to prevent infringement. I need to do this to make sure the other party is not going to be undermining your business because they might use your trademark without permission to better their own business or services.

Trademark law actually requires owners to police the marketplace and eliminate infringement on their own, which integrates trademark protection in the work ownership. So if an outside party can maintain that trademark and it is used for their business for an extended period of time the original owner can lose that trademark right because of their lack of vigilance in protecting the mark. So if somebody else is utilizing a trademark or one that is similar to yours, they need to be dealt with because your neglect can actually play in their favor. They could use that as a defense against legal enforcement brought against them, so if you need to protect your trademark you should talk to a trademark lawyer.

The last elemental trademark ownership is the filing of renewals. Renewals are two, 10 years from the original registration day and each renewal date is followed by a year-long window in which the filing may be made. The trademark can fall into grace and will be at risk of abandonment if the window closes without a renewal.

Renewal schedules are the responsibility of the trademark owner and it is essential to protect their mark following registration.

Crafting a Broader Intellectual Property Plan for Your Business

It is critically important to be proactive about creating a broad intellectual property protection strategy for your company. Trademarks are not the only intellectual property concern that your business has to worry about. If you invent any kinds of new products or product designs, you’ll need to speak with the Sierra IP Law, PC about securing formal patent protections for your inventions. If your business creates any kind of unique creative content, you’ll want to speak with our team about copyright protections. Additionally, no matter what “kind of business” your company is in, chances are that you need to think about protecting your trade secrets. Failure to take these steps can lead to your business losing its edge in the marketplace.

Although speaking with an experienced trademark lawyer San Luis Obispo, CA businesses trust about your company’s trademark needs is a great first step, your intellectual property protection strategy needs to move beyond trademarks alone if your company’s interests are going to be fully protected. Our firm can help you to implement a strategy tailored to your company’s unique needs so that you have access to all the services you require but are not overburdened by any services that don’t apply to your unique business model and company practices.

Patents, Copyrights, and Trade Secrets

The knowledgeable legal team at Sierra IP Law, PC has extensive experience assisting businesses of all sizes with each major “kind” of intellectual property protection. Patents (for inventions and product designs), copyrights (for works of original authorship), and trademarks (for branding tools) are all secured through government application processes. Our firm’s San Luis Obispo, CA trademark lawyer team can assist your company not only with securing these protections but also with the timing of each application process. Additionally, in the event that you are accused of infringement or another infringes upon your intellectual property rights, our team can protect your interests in circumstances that become contentious.

Unlike patents, trademarks, and copyrights, trade secrets are not protected via a federal government mechanism. Instead, law firms—including the reputable California team at Sierra IP Law, PC—protect these secrets through the utilization of non-disclosure agreements. Our firm’s San Luis Obispo, CA trademark lawyer team can review your existing non-disclosure model or draft such agreements on your company’s behalf from scratch.

Social Media, Online Presence, and IP in the Digital Age

It is important to understand, perhaps more than ever, the importance of protecting your company’s intellectual property rights and of formalizing your trademarks. In this era of digital marketing, failure to register your marks could lead to expensive liability, PR nightmares, and the loss of your company’s distinctive branding to another company looking to brand its services and goods in similar ways. You need to make sure that your brand stands out online and you need to do so in ways that are legally protected. Please allow our firm to help you achieve this critically important goal.