How do you get a trademark or service mark in California?

| Oct 18, 2018 | Trademark Law

The secretary of state’s office is in charge of maintaining and registering trademarks and service marks in the state of California. The provisions that apply to trademarks and service marks are located in the Model State Trademark Law, which is found in the California Business and Professions Code.

With information about registering and maintaining trademarks and service marks in California’s laws and codes, it makes it necessary to work with someone versed in California’s laws.

People applying for a trademark or service mark can do so online or through paper forms. In either case, it’s a good idea to know where you stand legally before you apply. Each time you apply, the fee is $70 per classification as of 2018.

It’s important to get your application correct because making false statements or being inaccurate can lead to a civil penalty if it was willful. The penalty is up to $10,000. If you previously had your trademark application refused at the federal level, you must indicate this in your application. You also need to include why the mark was rejected in the past, so the office can review the reasoning and decide if it can move forward with the application this time.

Whether this is the first time you’ve applied or you applied in the past, your attorney will help you prepare the documents for your application. Having the application in order and being very precise is necessary to avoid penalties and rejections. However, with solid evidence and support for your request, you should quickly see your trademark approved for use.

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