By: Julio Romero
A Trademark is any word, name, symbol, device, or combination used to distinguish a good or product from those manufactured or sold by others.
A Service Mark is the same as a Trademark, except that it identifies and distinguishes the source of a service rather than a product.
General Filing Information
A California Trademark or Service Mark may be used to prevent others from using the same or a similar mark in the State. This does not guarantee exclusive ownership of the mark. A Trademark and Service Mark will be active for 5 years from the date it was filed.
California Secretary of State’s Office provides 3 options to apply:
- In-person at the Sacramento Office- 1500 11th Street Sacramento, California 95814
There is a $70.00 filing fee per classification code to file. The classification of goods and services are those adopted by the United States Patent and Trademark Office, and a single application may include multiple classifications of goods.
- The list of Classification Codes of goods and services can be found on the United States Patent and Trademark Office website.
General Processing Information
We always check the Secretary of States database to see if the name or description a client wants to trademark is taken or something similar is taken and then discuss with our clients’ accommodations that might be best. An application has nine sections that must be completed.
Some sections within the application are a written description of the logo or image, the date of first use, a design code section (refer to the Design Search Code Manual developed by the United States Patent and Trademark Office), an identification statement, the use of the mark section and lastly, choosing a Classification Code.
Once the application is complete, you will submit and pay the filing fee. Processing will take around four to six weeks to receive a determination. According to the Secretary of State’s website:
- Applications received online through our website, will be labeled received at the actual time and date received.
- Applications received in person over the counter in Sacramento will be labeled received at the actual time and date received.
- Applications received by mail will be labeled received at 5:00 p.m. on the date received.
To check the status, you can use their submission tool. Once your filing is approved, we recommend placing the symbol “TM” next to a Trademark or “SM” next to a Service Mark.
Conclusion
Registering your trademark in the state(s) you do business is both inexpensive and important intellectual property protection for your business. Investing money and time into a mark or logo that you use to brand your company is a critical component of any business. A trademark or logo that is already in use is likely to create an expensive problem to resolve. If another business views your business as a competitor or someone who is hurting their trademark, they will issue a cease and desist letter. You will then need to change your trademark or logo and your company’s branding; or enter into legal negotiations that may still result in you changing your trademark and branding. Registering your trademark, ideally with the help of legal counsel, prevents such a problem and ensures you invest in a trademark and brand you can protect.
References:
https://tmbizfile.sos.ca.gov/Registration/
https://www.sos.ca.gov/business-programs/ts
