Trademark Attorney Services
for San Diego Businesses
TRADEMARK ATTORNEY PROVIDING TRADEMARK LEGAL
SERVICES NATIONWIDE, INCLUDING CALIFORNIA
Trademark clearance, application, enforcement and defense work for clients in all 50 states.
AWARDS & RECOGNITION
WE MAKE TRADEMARKS EASY FOR YOU
WE ONLY DO TRADEMARKS
We do one thing and one thing well. Trademarks. We offer a full range of trademark registration services. We can assist clients from all 50 states and from countries around the world.
Our Trademark Services include:
Trademark Clearance Searches
Trademark Application Preparation
Office Action Responses
Trademark Change of Ownership
Trademark Portfolio Management
Trademark Renewal Filings
We provide exceptional client care, and fast turn around.
OUR PROPRIETARY TRADEMARK SEARCH &
$950, plus USPTO filing fees*
which are separate and paid to the USPTO
Trademark Package includes all of the following:
Comprehensive Research to make determination of the availability of mark*;
Attorney consultation time;
Drafting and Filing of Your Trademark Application;
Tracking Your Trademark Application process;
Responding to non-Substantive Office Actions**; and
Your Trademark Registration Certificate delivered via FedEx with tracking.
* USPTO filing fees are $275 per class of goods or services
**Substantive Office Action responses are an additional fee and are not included in this flat-fee package.
HOW WE DIFFER
WE DON'T "DO"
WE CHARGE EASY FLAT-FEES FOR ALL OF OUR TRADEMARK WORK.
WE HAVE FAST
WE CAN TYPICALLY GET YOUR RESEARCH DONE AND APPLICATION ON FILE IN LESS THAN TWO WEEKS.*
*keep reading for why you don't want it to take less time than that
WE ARE GOOD
AT WHAT WE DO.
WE HAVE A HIGH SUCCESS RATE FOR SECURING
TRADEMARKS FOR OUR CLIENTS.
As Experienced Trademark Attorneys, We Are Passionate About Handling Your Trademark Registration Process the Right Way
Every business - no matter how new or how small - deserves customized attention when developing a strategy for its trademarks. It might be tempting to use a cookie cutter service that is inexpensive to attempt to secure your marks. When it comes to the trademark registration process, taking short cuts or offering less expensive “light” versions of research and anaylsis is a recipe for major problems later. I have often had new clients hire me to fix problems created by other lawyers or online automated trademark registration services. The problems were created by skipping the comprehensive legal research AND the analysis by an experienced trademark attorney. There are some things that just can’t be outsourced or automated, and the process of securing trademarks is one of those things.
With every client, we do comprehensive research with our premium, paid databases that the public does not have access to. We do this because an ounce of prevention is worth a pound of cure. It is the research and analysis process that gives us vital information on how to proceed with any given mark and application. Without that vital information, we could be steering blind into a storm. We want to know what risks your mark faces BEFORE we spend your money to prepare an application and file with the USPTO. The research we do gives us the knowledge we need to advise you fully on whether your chances of securing a mark are good, or whether you need to make some revisions to your mark, or the scope of your proposed trademark before we file.
It is because of the time we spend on this process, and the care that goes into our analysis and recommendations that we have such a high success rate of securing marks for our clients. We know many lawyers who will charge you less for a trademark because they are skimping on the research part of the process. They are okay taking your money and waiting for problems, because problems are how they will be able to charge you more money after you are already on file.
I have a huge problem with that. It does a big disservice to our clients, and is frankly and ethical issue. We don’t do business that way at Leverage Legal Group. We want you to make informed decisions, and we do not want you to get hit with unexpected fees or expenses.
The research and report part of our process is what makes us totally unique as a trademark application and trademark registration law firm, and it is why our clients come to us again and again, and refer their friends and colleagues to us.
The other part of our process is the preparation of your application. Automated services cannot take the place of a seasoned, successful trademark attorney’s expertise with this. If the application is not prepared correctly, you could face a refusal from the USPTO, or you could face a legal challenge from third parties either during the trademark registration process or even after your trademark is registered. We don’t want you to be left with that kind of risk, and so we do the due diligence only an experienced trademark attorney can do to prevent unwanted surprises and problems. You get what you pay for when it comes to trademarks, and with Leverage Legal Group, you can rest assured you are getting the very best guidance as you seek trademark registration for your mark.
We look forward to assisting you the right way in securing your trademark. And I look forward to personally overseeing the process every step of the way.
Jessica Eaves Mathews,
Founder and CEO
OUR UNIQUE PROCESS & TIMELINE
APPLYING FOR A TRADEMARK
Comprehensive Trademark Research
TURN AROUND: 1-2 WEEKS
Once we receive your completed trademark questionnaire, we begin our proprietary trademark research process using in-depth, premium trademark research databases not available to the public. We work to determine the likelihood of success of securing your trademark, and any potential conflicts or risks that could bar the registration of your trademark.
Conference with Trademark Attorney to Discuss Findings
USUALLY AN HOUR
We provide you with a written report of our trademark research and recommendations. We then get on the phone with you to discuss our analysis and findings about your trademark, and we make recommendations about whether to file your trademark application or make revisions to your trademark before we file with the United States Patent and Trademark Office (USPTO). We have an exceptionally high rate of success in securing trademarks for our clients because of our unique trademark research and consultation process with each client. If changes to your trademark are recommended, we provide a second search for any revised mark at no extra charge.
Preparation of Trademark Application
TURN AROUND: 2-7 DAYS
Once we have an agreed upon strategy, and you make any recommended revisions to your trademark, we then prepare the application for your trademark.
We work with you closely to gather the necessary supporting documentation.
Once the application is drafted, we send it to you for your review and approval. After you review the draft trademark application and approve and sign it, we file it for you with the USPTO.
Trademark Examination Process
TURN AROUND: 3-10 MONTHS, ON AVERAGE
Once you application is filed, we monitor the process closely and respond to any non-substantive Office Actions (refusals) from the USPTO.
We will keep you informed of any updates or changes to your file, and once the process is completed by the USPTO, we will go over the outcome of that trademark examination process with you.
Finally, once your trademark is approved and registered, we will send you your trademark registration certificate.
TRUSTED AND EXPERIENCED TRADEMARK ATTORNEYS
San Diego, CA Businesses Use Our Trademark Attorney Services
Leverage Legal Group is located in San Diego. We do work for businesses nationwide because registering a federal trademark is a national practice (meaning it doesn’t require a bar license in any particular state), but our home is San Diego and we love supporting San Diego and California-based businesses and business owners.
Leverage Legal Group was established in 2008 by trademark attorney Jessica Eaves Mathews, who has been practicing business and trademark law for 25 years. Since that time, Jessica and her experienced team have successfully registered hundreds of trademarks for clients across the country, including the San Diego area. Leverage Legal Group works with individuals and businesses of all sizes and phases of growth, so whether you have an established surf apparel company in Encinitas, a successful professional services firm in Downtown San Diego, are launching an ambitious tech startup in Del Mar or a soon-to-be-busy food delivery service in Carlsbad, we can assist you.
Federal Trademark Registration for Your Business
Top Questions San Diego Businesses Have About Obtaining a Registered Trademark
Mistakes San Diego Businesses Make about Trademarks
Number of Trademarks Registered in San Diego
Trademark Services offered to San Diego Clients
Why San Diego Businesses Need an Experienced Trademark Attorney
Top Questions San Diego Businesses Have About Obtaining a Registered Trademark
Do I need a federally registered trademark with the United States Patent and Trademark Office (USPTO)?
Any time you offer goods or services to clients or customers in states other than California or other countries, you need a federally registered trademark to make sure you can own your mark exclusively and so that no one else can infringe upon it. For example, if you have a website from which customers can make a purchase, you qualify for a federal trademark and should get one as soon as possible.
What happens if I don’t register my trademark with the USPTO?
Without a trademark that is registered with the USPTO, your protections are limited. For example, you would not be able to stop someone else from infringing on your trademark (called an injunction) which could then cause confusion for your clients or customers (if someone else is using a similar trademark, they might buy from them accidentally, thinking they are buying from you). If you plan to expand your business outside of the San Diego area or outside of California (such as a website, as mentioned above), then only a federally registered trademark will give you full protections.
I have a logo, tagline and brand name - which should I trademark?
Anything that helps identify your specific brand is something that should be registered as a trademark with the USPTO. The first place to start is always your brand name - just the name with no design attached - that gives you the broadest coverage and with that, you will own your trademark regardless of any design changes you make to branding in the future. But owning your logo and tagline are also very important so that your business stands out and is unique. Can you imagine Starbucks without that green mermaid logo? Or Disney without the mouse ears or castle logo? You can also trademark other items that make your brand unique, such as colors or sounds. Tiffany’s owns the trademark in their custom Pantone color of blue (remember their blue boxes?). And Intel owns a trademark in their world-famous sound (I bet you can hear it in your head).
I own the URL in my trademark. Isn’t that enough?
No - owning the URL has nothing to do with owning your trademark. In fact, if you purchase the URL of an already trademarked word or phrase, a court can force you to turn that URL over to the trademark owner. So owning a URL does not give you any protection (and it can open you up to claims of infringement and cybersquatting). The only way to own your trademark is to register it with the USPTO.
I like a phrase that another business is using - can I just change it slightly, or add another word and use it as my trademark?
We would always recommend that you try to avoid infringement of another’s trademark, especially if that other business is in your industry (or a related one). If your mark is confusingly similar to the other mark, you could get sued (and maybe even have to pay that other company’s attorneys’ fees and costs if you lose). It is always best to create a brand name that is totally unique. That helps you avoid infringement claims, and it also helps you stand out in the marketplace. The best trademarks are totally unique - think of Google, Starbucks, Netflix, Tesla, Banana Republic. These are names that don’t even necessarily have anything to do with their industries (except for Netflix and Tesla), but they are so unusual (or made up) that there is no risk of confusing their brand with another company’s brand. That is what you want for your brand. Stand out and be remembered!
Common Problems for San Diego Businesses and Trademarks
I put the ™️ on my business name - doesn’t that give me a trademark?
No - using the ™️ does not automatically give you a registered trademark. However, it does put the world on notice that you intend to claim a trademark in that word or phrase. But using the symbol alone will not give you the protection that a federally registered trademark will. However, once you file for your registered trademark, make sure you do use the ™️ symbol until you get your registration from the USPTO. And once you do get registration, change that symbol to ®️ which tells the world that you do own a federally registered trademark. One more thing: do NOT use the ®️ symbol unless you have a registered trademark. Doing so could create grounds for the USPTO to reject your subsequent trademark application. It is actually a violation of federal law to use the ®️ symbol prematurely.
My business is too new or too small to get a registered trademark.
No business is too new or too small to benefit from a federally registered trademark. In fact, registering your trademark as early as possible is a very smart thing to do - before you grow and become well known in your industry. As a business owner, your goal should be to stand out in the marketplace and be remembered by your ideal clients or customers. If you have a unique trademark and is registered, you own it and no one else can use anything confusingly similar. It will make it much easier to grow your brand and your reputation if your name is totally unique and protected from infringers. Leverage Legal Group offers professional trademark registration services at a reasonable, flat-fee. We make the process of getting a registered trademark easy, affordable and predictable. Find out more about our trademark services.
Another business just started using my brand name before I could file for my registration with the USPTO.
This is a stressful thing to have happened, but if you act quickly, you can get the protections you need. In that situation, time is of the essence. The USPTO will look at two things when determining who owns the rights in a trademark: (1) when you first started using it; and (2) when you filed for registration with the USPTO. In the US, first to use is the most important factor, so if you were already offering goods or services under that brand name before the other business, you are in a strong position. But it is vital to have an experienced trademark attorney review your specific situation and then help you get on file with the USPTO as quickly as possible. Waiting can end up being very expensive - either because you will have to sue the other business to keep your name, or you might have to ultimately spend the money to rebrand. The best money spent is getting a registered trademark as soon as possible. We can help with that. Set up a free consultation here: Free Consultation
I looked on the USPTO and Googled my trademark and didn’t find any other business using my trademark, so I don’t need to pay a trademark attorney to do a search for me.
While doing searches in both places is a great place to start, it doesn’t give you the information you need to be sure you can secure registration in the trademark of your choice. An experienced trademark attorney has access to proprietary paid databases that you don’t, and is able to find potentially problematic competing trademarks that don’t always show up with an internet or USPTO search. If a potential conflict is found, we can help you figure out how to set your application up for success before you incur any fees with the USPTO.
Types of Trademark Services We Offer to San Diego Businesses:
Trademark Search Services
Trademark Registration Services (filing services, application services)
Trademark Renewal Services
Trademark Monitoring Services (trademark protection services)
Trademark Office Action Services
Trademark Opposition Proceeding Services (including negotiation of concurrent use agreements)
Trademark Cancellation Services (filing for cancellation, defending against cancellation)
Trademark Enforcement/ Dispute / Litigation Services
Trademark Sale, Transfer or Assignment services
Trademark Licensing Services
Why San Diego Businesses Need An Experienced Trademark Attorney
When first launching a business in the San Diego area, it is very common to wear a ton of different hats, and often you have to be a jack of all trades for a while as you get the business off the ground. It is actually a great way to learn your business and your industry, before you grow and start to delegate tasks to others that you hire. But when it comes to the legal side of your business, trying to channel your inner lawyer is never smart. It is a recipe for liability, unnecessary risk and financial losses that can all be avoided. This is particularly true when it comes to your San Diego business’ intellectual property and trademarks. We have seen it time and again with clients who came to us only after making the mistake of trying to do their own trademark registration work or using an automated service like Legal Zoom. See: https://www.leveragelegalgroup.com/post/2017/05/05/is-your-legal-foundation-like-microwave-pizza
Here is an example from our experience with a client (names have been changed): Teresa owns an organic skincare spa in Del Mar called So-Soft-Skin Spa, and has been offering spa services and skin care products from her shop and from her website for a year. She has even gotten some press in San Diego Magazine and landed on the “Best Of” lists for her first year in business. She is growing and is already profitable.
However, just after receiving her "Best Of" certificate, she received something else in the mail: a cease-and-desist letter from Avon Products, Inc. because of its multiple trademarks in the Skin-So-Soft brand. Because Teresa did her own trademark searching, she only searched for the exact name of So-Soft-Skin Spa, and the Avon products did not come up in her searches. Now, she has no choice but to pay to rebrand her spa and her products and lose all of the great press and brand equity she has already built over the past year. If she had hired an experienced trademark attorney when she launched to do her trademark research and file her trademark application, she would have learned from the start that she needed a different name for her company, and she could be focusing now on growing the brand and profits instead of having to start fresh with an entirely new brand.
If you are opening a new business in San Diego or have an existing one but no registered trademark, contact us for a complimentary trademark consultation. We can help you secure a mark that is unique, exclusively yours and will help you stand out to your clients or customers.
Kind of Companies
Our clients are business people.
Founders of fastest growing companies.
Busy people who appreciate flat-fees and great client care.
Click here to see some of the companies we’ve served: