Establishing a trademark is essential for your brand because it will prevent others from hijacking your name and image, and thereby prevent others from stealing your customer base and hurting your business profits. In order to set up the trademark for your business in a legally appropriate way, you may want to work with a California attorney who is familiar with this area of the 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.
Trademarks are extremely important to your business, and it is wise to understand why. With so much relying on good marketing, your trademark does make a difference.
To protect the interests of your business, you need to understand trademarks and how they are protected. You cannot use another person's trademark, and you don't want someone to use yours without your permission.
When you're ready to get your business up and running, one of the things you'll look into is obtaining a trademark and registering it. You don't need to do everything all at once, but knowing about trademarks is important. For instance, you need to know how long a trademark will last.
Trademarks are words, phrases or symbols used by individuals or businesses to identify their products and to distinguish them from their competitors. You see trademarks all the time; some familiar trademarks are "Just Do It" for Nike and the apple used on Macintosh (now Apple or roughly referred to as Mac) computers.
Cannabis is now legal in California, and Jan. 1, the state began issuing cannabis licenses for adult use to business owners. But when it comes to cannabis businesses, lawmakers still have some work to do regarding trademarks and service marks.
When you are starting a new business in California, there is so much to think about. One thing you will probably have to do is advertise -- which means, you need to know how to present your business. That is why creating your brand or trademark is one of the first steps in your business planning.
If you think someone is using your trademark, you will want to seek a trademark attorney, but before you do, you should make sure a trademark infringement is actually occurring. Remember, infringement of a trademark happens when someone else uses the same trademark for competing goods and services, and customers are likely to confuse their business with yours.
You have heard the term "common law marriage," but have you heard of a "common law trademark?" In a common law marriage, two people consider themselves married although they haven't gone through the legality of registering their marriage. It is the same with a common law trademark; a trademark is being used that has not yet been registered.