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Writer's pictureLaw Office of Gerald R Prettyman

HOME STATE TRADEMARK FILINGS


All business owners have at least two common desires - protect the company name, and save money. While most people think of, and seek the federal ® trademark, the process is expensive and the rules are complicated, with the result that many owner-filed applications are rejected and then dropped. Fortunately, both goals are easily and quickly possible, even in the first month of business with a state trademark filing.

State trademark filings have many advantages: they are inexpensive (under $400), fast (about two months), easy (a simple form and a copy of your advertising), you are not required to have sales to customers who reside outside your home state (a local sale qualifies), and you are not competing for registration with a global market. In addition, if you file first with the federal office, and get rejected, you must disclose the rejection in your state application.

State trademark filings are not for every purpose. Unlike federal applications, California does not register clothing marking, nor does the state have an ‘intent-to-use’ application for future registration.

If you’ve got a bright idea for a patent or trademark or want to start a business, call 925-600-7342.

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