Burbank, CA asked in Trademark for California

Q: When should you get your brand and or logo trademark?

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2 Lawyer Answers
John Martin Hilla
John Martin Hilla
Answered
  • Trademarks Lawyer
  • Livonia, MI

A: Ideally, you should conceive your company name and related logo or design in the planning stages of your business or venture, before you have invested too much capital in the idea. If you've done that, you can consult with a trademark attorney as to the registrability of the proposed mark, possible issues that a knowledgeable attorney can divine straight out of the gate, and proceed to engage the attorney to conduct a thorough clearance search of possible competing marks or potential sources of infringement allegations.

If, having taken those steps, you determine that the mark is not worth investing in, you still have the ability to re-conceive and re-brand, and continue forward with something that will be registrable with the USPTO.

You can, along the way, discuss with your trademark attorney in a private consultation whether it is best to file an "intent to use" trademark applicable before you have actually launched your business or whether you might want to wait until it is "in use" (in interstate commerce) before applying.

Most attorneys offer free consultations, and trademark representation is not restricted to a local geographic area, as it is a Federal practice.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: At the beginning. As soon as you realize you are in a business not a hobby.

Ideally at the moment you come up with the name of your company or you start your social media, on line strategy so you can align the brands with the URLs and social media handles.

And it is important to make sure it is not owned by somebody else.

Marcos.e.garciaacosta@gmail.com

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