United States Trademark San Diego
United States Trademark Summary
Trademark registration is the best form of protection available to secure the trade name and brand identity of a business. Trademark protection provides source identification to ensure consumers do not confuse the origin of products and services with those of competitors. Businesses most frequently utilize trademark registration for:
- Protection of a business name (trade name);
- Protection of protect and service names (brand names); and
- Protection of product and/or packaging design (trade dress).
Flat Fee Price
- Per International Class
- Bona Fide Use Filing
- TEAS Plus Filing Fees Included
- Non-TEAS Plus Fees Extra
- Prosecution on Hourly Basis
Michael J. Leonard helped us obtain our 501(c)(3), created our bylaws, and completed all of the necessary forms to establish a tax exempt status for our non-profit foundation. He was professional, quick, and great to work with. Mr. Leonard is also very connected in the community and has referred us to useful contacts.
Michel Sproles, Sproles Empowered Youth
My experience working with San Diego Corporate Law has been nothing short of excellent. Michael Leonard is a tremendous asset, and provided us much needed assistance when forming our insurance agency. He assisted with the formation of our corporation, buy / sell agreement, company bylaws, minutes, and stock certificates. Michael is an utmost professional that I would refer to any friend or client.
Michael Fusco, Fusco & Orsini Insurance Services, Inc.
Michael J. Leonard at San Diego Corporate Law has provided GWR valuable assistance and professional advice. As a San Diego based high tech equipment manufacturer, we appreciate that we never have to waste his or our time explaining the engineering or scientific details of our situation as his strong, hands on physics and engineering background is invaluable. We are well protected with Mike looking out for our interests.
Richard Reineman, GWR Instruments, Inc.
In 2009 San Diego Corporate Law converted my Sole Propriety Engineering Company into a “S” Corporation. My experience was painless and Mr. Leonard has done an excellent job staying in contact and continues to be a great advisor. San Diego Corporate Law comes highly recommended.
Curtis Patterson, P.E., Patterson Engineering, Inc.
Michael J. Leonard at San Diego Corporate Law is not your typical attorney experience. Michael puts his full attention into understanding your needs and provides the best solution to meet your goals. I highly recommend San Diego Corporate Law to any of my friends and associates.
Jeff A. Mudd, Best-Rate Repair Company, Inc.
Working with San Diego Corporate Law made dealing with all the paper work of incorporating and setting up my business a dream! Michael is the ultimate professional and knows corporate law inside and out! San Diego Corporate Law is always available to answer questions, assist me with follow up items, and be my go-to and support team.
Elloise Bennett, AP Test Service, LLC
Mr. Leonard is competent, dependable, and gets the work done on time and within budget. He is very responsible to his customers. We would recommend him to anyone that requires a true professional.
Lidija Skolnija, anaZana, Inc.
I was recommended to Michael to help me set up a new corporation I was starting. The advice he gave me was great, and I eventually hired his services to create the agreements and contracts between myself and my business partner. Throughout the process he guided me and asked very detailed questions. I felt that he had my back and my best interest at heart. Looking back now, the contracts he wrote have saved me close to $40,000 in money that I would have otherwise had to pay. Thank you Michael. Everyone should follow your standards.
Jason Delfos, Marketing and Advertising Design Group, LLC
We hired San Diego Corporate Law to help us establish our business in San Diego. In the initial stages of setting up our business and transitioning to California, we were frequently out of town. During this time, Michael answered questions promptly and thoroughly by phone and email. He went above and beyond to keep us on deadline for our aggressive schedule. I would not hesitate to recommend San Diego Corporate Law to another business owner.
Alicia Sorber-Gallegos, Two Men and a Truck
Having no prior experience with business law, I approached Michael to help me set up an LLC for my new company and help me review my legal disclaimers. Michael was very straightforward, honest and helpful. He took the time to explain every detail and answer all of my questions. His work was very diligent and completed exactly by the deadline promised. Michael and San Diego Corporate Law hold my highest recommendation!
Anton Ivanov, Dreams Cash True
Michael J. Leonard helped me configure my business entities into a solid investment vehicle. He is very professional, knowledgeable, easy to reach and timely. San Diego Corporate Law produced a unique and informative Private Placement Memorandum (PPM) for my business for less than half the cost other law firms were charging. I expect to use the PPM and San Diego Corporate Law for many years. I recommend Michael because of his efficient, hands on, practical approach to legal work in a time of dramatic changes with securities laws (JOBS Act).
John Copyak, Clean USA Power, Inc.
San Diego Corporate Law helped me set up MGIV Inc and get established as an S-corp in 2013. I was a one man show and didn’t have a substantial amount of money to spend to get started. I was in the process of filing for a LLC through Legalzoom.com when something didn’t feel right. I picked up the phone and asked Michael if he was available to help. This was my first business so I knew nothing about filing for a corporation or legally establishing a business. Using his knowledge and expertise he coached me toward filing for an S-corp instead of an LLC. It saved the corporation $800 in 2013 and positioned it for success based on the MGIV Communication Consulting model. I find comfort knowing that my business is in good hands. Michael is a great resource and very personable so working with him is convenient and affordable! I recommend San Diego Corporate Law to anyone needing legal assistance with their business!
Michael Gordon IV, MGIV, Inc.
When I needed to move my business from an office suite to a brick and mortar location, San Diego Corporate Law was instrumental in ensuring that the lease provisions were in my best interests. The specialized skills that Michael and his team possess, the fair and transparent fee structure, and their professional yet low pressure consultation process are the reasons why I will retain their services in the future.
Scott Weathers, Alpha Graphics La Jolla
Michael J. Leonard at San Diego Corporate Law not only helped us establish our small business in San Diego, but he helped us to solidify our partnership to avoid any gray areas as we are a family-run business. Michael was easy to work with, knowledgeable, responsive, and professional, and we will continue to use him as our company lawyer moving forward.
Karen Posner, Camp Run-A-Mutt Sorrento Valley
I have nothing but compliments to say about San Diego Corporate Law. Michael and his team have always delivered not only an extremely high level of service, but also have been so patient through the whole process of setting up our LLC. Whenever I have questions or need their service, they are very easy to communicate with and very reasonably priced. I will not only use them for any legal advice that I may need in the future, but also refer all the people that may also need their services.
Andrey Kamogari, Kamo Housing
Michael assisted us with the process of incorporating our non-profit organization. Michael was responsive to all of our questions, and sensitive to the expedited timelines that we encountered. Among the best aspects we experienced in working with Michael was his appreciation for our specific goals and his candid and honest guidance to accomplish those objectives. I would highly recommend Michael Leonard and San Diego Corporate Law.
Esther Hemmen, Mending Matters
San Diego Corporate Law has been a crucial partner for Little Black Diamond. Whether it’s routine incorporation paperwork or complex employment law, Michael is always very responsive and available to help handle our legal issues. He takes the time to understand your business and the unique issues that surround it in order to provide accurate and timely advice that considers the best interest of your business. San Diego Corporate Law is a true partner for any business.
Adam Rosenberg, Little Black Diamond, LLC
United States Trademark San Diego Details
A trademark includes any word, name, symbol, device, or any combination thereof, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is any word, name, symbol, device, or any combination thereof, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
Ownership is established through use of a word, name, symbol, and/or device in commerce. State protection is available for qualifying words, names, symbols, and/or devices used in intrastate commerce. Federal protection is available for qualifying words, names, symbols, and/or devices used in interstate commerce.
For purposes of federal registration, advertising a service in interstate commerce satisfies the use requirement while products must generally be shipped in interstate commerce bearing, or in packaging bearing, the trademark to satisfy the use requirement.
Nature of Words, Names, Symbols and Devices
A generic source identifier uses the general name something is called, and is not afforded protection under United States trademark law. Aside from the general name something is called, the use of nouns, phonetic equivalents, misspellings, adjectives, abbreviations, and equivalent foreign words are all examples of a generic source identifiers.
A descriptive source identifier conveys an immediate idea of the ingredients, qualities, or characteristics of goods or services and may only provide protection under United States trademark law if the source identifier has acquired secondary meaning. Secondary meaning is the idea that an otherwise descriptive source identifier has acquired the attributes of a trademark in the mind of consumers as a single source for the goods or services.
A suggestive source identifier requires imagination, thought, and perception to reach a conclusion about the ingredients, qualities, or characteristics of goods or services. A suggestive source identifier may be afforded trademark protection and registration with little, if any, proof of secondary meaning.
An arbitrary or fanciful source identifier has no obvious connection between the source identifier and the goods and services sold under the source identifier, and as such are entitled to protection under United States trademark law.
Protection of trade dress requires the product design and/or packaging have acquired secondary meaning to consumers; the features of the product design and/or packaging is non-functional.
The following is a list of some of the source identifiers that may otherwise qualify for United States trademark protection, but are nonetheless not capable of federal registration:
- Immoral or scandalous identifiers;
- Deceptive and deceptively misdescriptive identifiers;
- Primarily geographically descriptive or deceptively misdescriptive identifiers;
- Mere surnames used as identifiers;
- Confusing identifiers;
- An identifier in prior use and unabandoned;
- A functional identifier;
- An identifier consisting of the flags or coat of arms of the United States, any state, or foreign nation; or
- An identifier trademark consisting of the name, portrait, or signature of a living individual without the consent of the individual or if the name, signature, or portrait of a deceased President of the United States, during the life of his widow, except by the written consent of the widow.
Duration of Protection
Once established, trademark rights continue indefinitely as long as the owner of the trademark does not abandon the trademark and the trademark does not become generic. If a trademark is not used for three consecutive years, the trademark is considered abandoned and another person or entity may claim the exclusive right to use the trademark.
Send us an Email or call us at 858.483.9200