Are you searching to learn about intellectual property or trademarks? Determining when to file for a trademark is a common concern for entrepreneurs in California who are starting a new business. Some may wish to immediately trademark their name, while others may prefer to wait until they are ready to commence operations. There are certain factors that should be considered regarding the timing of submitting a trademark application.
A company receives rights recognized under common law when it begins to use its name in commerce. This allows companies to have a right to their name once they start selling their product or service without officially having to register their name. However, these basic rights pertain to the geographic location where the trademark is utilized and protection that the court might lend if another party uses the same name or a similar one. Companies are more protected when they officially have their trademark registered.
The actual formation of your entity may have an impact on determining when to file for a trademark. In a number of cases, businesses may wish to file an application for a trademark once they file their paperwork for their LLC or corporation formation. By ensuring that a trademark is in place prior to officially launching a business, an entity can ensure that its name will be protected from that point forward.
Entrepreneurs can search for a desired trademark in multiple databases to ensure that the name is not already taken in a similar field. If a company starts using a name before checking to make sure that it is available, it may be ordered to stop using the name and will have to restart promoting its brand again under a different name. For companies that are still in the planning stage, an intent-to-use trademark application is available. Companies must begin using the name within six months after the USPTO approves the application.
Are you interested in learning more about determining when to file for a trademark in San Diego? We invite you to contact the experienced business and corporate law attorneys at the Watkins Firm or call 858-535-1511 consult with our experienced intellectual property attorneys.
