Of all your businesses assets, its most valuable might very well be the hardest to assess, and impossible to hold in your hand. This article describes how to protect the ideas and innovations that make up your company's intellectual property:

• How trademarks differ from copyright, and why your California business can benefit from them.

• What can happen if you fail to file for trademark protections, and how to do so in California. 

• The cost and duration of trademark applications, including what a lawyer brings to the table.

What Is The Difference Between A Copyright And A Trademark?

While both copyright and trademark intellectual property protections are vital for business owners, it is also important to understand the difference. 

Copyright protects you against others copying or replicating your original authored and creative works without your permission. On the other hand, trademarks protect from others copying the names, brands, and logos that you put on goods you sell. Service marks are similar - they protect from others copying the names you put on services you advertise and sell.

What Are The Benefits Of Trademark Protection For Businesses In California?

It is hard to overestimate the benefits trademark protections offer California businesses. They provide exclusive US protection and global brand differentiation, which you simply cannot get any other way.

What Are The Risks Of Not Protecting Intellectual Property With A Trademark?

If you do not file for trademark or service mark protections, someone else can do so. If they do, you lose ownership of that mark and all the hard work you have put into establishing it. 

If you do not file, someone else can use that mark, and you just lost all the potential revenue with no legal recourse against them.

What Is The Process For Filing A Trademark Application?

There are several steps you have to go through in order to get the benefits of US trademark protection. 

1. Do your research. Be sure the mark does not infringe on others' marks or anyone's domain names or trade names. Be sure the mark is distinctive enough by searching the mark. At the very least, Google it and hope nothing else shows up when you have your mark in quotes.

2. Double-check for overlap. Even if no other competitor owns it, you still have to check what it means in other languages. You do not want your mark to be an off-color remark in another language.

3. Hire an attorney because filing for trademark protections is a complicated process and you will want to avoid costly mistakes or errors.

Once it is filed, you will also need to periodically renew your trademark, and if you forget, you lose it. 

While it is sometimes possible to do so entirely online, from first filing to continual renewal, doing so runs the risk of making a substantial mistake, which could undermine the trademark's protection. 

What Are The Costs Associated With Trademark Registration?

The cost for a trademark varies somewhat based on company size, but per class, it probably costs an average of $500. That amount consists of the filing fees (around $250 to $350) and a fee for when you intend to use the mark later. 

If you are reserving a trademark for later, then every time you renew it, the procedure costs you a little more, so the $500 approximation may turn out to be off, sometimes by quite a lot. 

Additionally, if you have infringed on someone else's mark by filing, and you forgot to check before, you may have a very expensive lawsuit to defend on top of a fine.

How Long Does The Trademark Registration Process Typically Take?

The waiting process for US trademarks is 12 to 18 months. On the bright side, the filing process is pretty quick as we can usually get a filing done within a day.

What Is The Role Of An Attorney While Setting Up A Trademark To Protect A Business? 

An attorney's duties can range from coming up with a name to verifying its appropriateness and filing the trademark. While an attorney can be tasked to come up with a name, alone or as part of a team, it is more common to provide them with one. 

Once given a name, your attorney will help you crosscheck to see whether anything shows up for it in Google anywhere else. If they give you the all clear, you will need to decide if you want to hold back or go full steam ahead. 

A lawyer can even look at business databases just to be extra sure; they can even help you pursue the application for the trademark. That way, if there is any overlap or you end up with a contested application, your lawyer can pursue the contest and defend it.

For more information on Trademark Your Business, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 949-480-1005 today.