How to Register a Trademark in California

Introduction

Trademarking your business can be a great way to protect your brand and claim legal ownership over it. But it’s also an expensive process that takes time, so it’s important to plan ahead and do your research before you go through the process. If you’re thinking about trademarking in California, this post will help walk you through the steps involved with registering a trademark and some key considerations along the way.

Resources for Small Businesses

  • Locate a lawyer.

The first step to registering your trademark is to find a lawyer with experience in the field of intellectual property law, who can help you file the necessary paperwork and advise you throughout the process. To locate an attorney who specializes in trademarks, look online or ask friends and colleagues if they have any recommendations.

  • Select a trademark attorney.

Once you’ve narrowed down your choices of potential lawyers based on their experience with trademarks and their availability for consultation, it’s time to interview them! Before speaking with each candidate, make sure that:

  1. You understand exactly what type of legal services they provide (e.g., only assisting clients with business formation or also offering advice about licensing agreements).
  2. They’re familiar with California-specific regulations governing trademarks (such as those found within Section 2302).
  3. They have extensive knowledge about state law regarding registered trademarks because these rules differ from federal ones (for example: In California , owners must renew their registration every ten years instead of five).

File the Trademark Application

You should then file the application with the USPTO and California Secretary of State. The fee for filing a trademark application will be $325 for TEAS and $345 for PTMS. You can pay it by credit card or through an electronic payment service like PayPal.

You may also need to file a copy of your application with the California Attorney General’s office if your business is located in California or sells goods or services in California, but this is not required by law—it’s just a precautionary measure (as it prevents others from registering your name).

Get a Serial Number

Now that you have found your mark, it’s time to get a serial number. The cost of a serial number is free! You can even get one for any trademark, business name, or domain name. This is why trademark registration in California can be so valuable; with the help of an attorney, you can register your marks and get a serial number all at once.

Once you receive your serial number from the US Patent and Trademark Office (USPTO), it will be sent to the state of California through an online interface called eFTEASy (electronic filing system). This interface makes it easy for trademarks to be registered by simply typing in information about them into an electronic database provided by the USPTO itself; no need to hire an attorney anymore!

Submit your application

To submit your application, you have three options:

  • You can submit your application online by going to the USPTO’s website and following the instructions for Form 1 (Basic Application). If you choose this option, be sure to print out a copy of your submitted paperwork for your records.
  • You can also submit an application by mail if you don’t want to go through the trouble of filling out forms online. The requirements are similar but slightly different from those listed above; check with the USPTO for more details on what exactly needs to go in your envelope.
  • In person at one of their offices around California or Washington DC; there are no fees associated with submitting applications in person but they do take much longer than mailing them or doing so over the internet

Monitor your Trademark

Trademark registration is valid for 10 years. If you fail to file a timely renewal application, your trademark rights will expire and you will lose your exclusive rights to that trademark.

Once a U.S. Trademark has been granted, if it is not renewed within six months of its date of expiration, the mark is deemed abandoned and enters the public domain (meaning anyone can use the mark). You won’t be able to renew an expired U.S. Trademark if someone else has already used it in commerce before you filed for renewal of your own mark; in this case, you would have to go through what’s called “priority” with the PTO.

Takeaway

Trademarking can be expensive, but it’s also necessary. The first thing you need to do is hire a lawyer who specializes in trademark law. This can run you anywhere between $500-$1000 depending on the complexity of your case and how much time they spend working on it. The second thing is paying the USPTO (United States Patent and Trademark Office) an application fee of around $225 (sometimes less or more depending on certain circumstances). And thirdly, once your application has been approved by the USPTO, you will have to monitor any changes made to your trademark so that no one else can steal it from you or use it inappropriately before you get there first (this will usually require some kind of software monitoring system).

Overall though, if nothing else – protect your brand!

Conclusion

The State of California has a very simple process for registering trademarks. If you own a trademark and want to use it on products or services in California, you need to register it with the Secretary of State’s office. The registration process takes only a few minutes and costs just $60.

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