Protect Your Logo, Name & Slogan: Trademarking in California Made Easy

Did you know that you can register a trademark in California alone? It's true. Not only that, but it’s so much cheaper than a federally registered trademark. However, there are some important limitations. In this article, we’ll go through exactly how state trademark registration works in California and explore its limitations.

How far does a California state trademark protect you?

“In general, state trademarks are much easier in terms of how quickly you can get a registration, because they aren't examined nearly as rigorously." - Andrea Gorrie, California Trademark Attorney.

As the name suggests, state trademark registration only protects your trademark within the state where it’s registered. This means your trademark rights won’t extend beyond California. Additionally, state registration doesn’t grant you the right to use the coveted ® (circle R) symbol. However, you can use ™ for a trademark or ℠ for a service mark.

Despite its limitations, state registration does come with benefits. As mentioned earlier, it’s much more affordable than federal registration and is also much quicker to process. This can be useful in specific situations.

For example, if you're opening a new store in California and want to secure your brand name quickly, state registration can be a faster option than waiting for federal approval. This is especially helpful if there’s a trending business idea with a name that you just know someone is going to claim any day now.

Cash, clicks, and paperwork: The real cost of a CA trademark

A California state trademark costs just $70 per classification. This means it's a much more affordable option. Federal registration, on the other hand, costs $350 per classification. This price difference can be significant for new business owners trying to cut expenses.

The application process can be completed online, which is the fastest method. Alternatively, you can apply by mail or in person in Sacramento.

Is your trademark up for grabs? Do a search first!

Before filing your trademark application, it’s essential to search both:

1. The California trademark database,
2. And the United States Patent and Trademark Office (USPTO) database.

(You can also try out our free trademark search engine.)

Make sure to check for potential conflicts. Additionally, conducting a Google search, reviewing business records, and checking domain registries can help you discover unregistered but commonly used trademarks.

Keep in mind that some trademarks may have common law protection even if they aren’t registered. A common law trademark is a mark that has become distinctive over time due to consistent use in commerce. However, its protection is typically limited to the region where it’s actively used.

For example, let’s say there’s a popular bar that has been around for several years called “Moe’s Tavern” (sounds familiar, right?). This name would likely be protected under common law because of its established use in commerce and the brand recognition it has built over time.

Can’t go federal? California to the rescue!

In some cases, state trademark registration may be your only option.

For example, marijuana-related trademarks are generally not eligible for federal registration due to federal restrictions on cannabis. However, in California, you may still be able to register a cannabis-related brand under state law.

Another important difference is that California doesn’t allow intent-to-use applications.

With federal trademark registration, you can apply for a trademark before. This is done under the "intent-to-use" basis. It means you can reserve a name before officially launching your product or service. In California, however, you must already be using your trademark in commerce before you can register it.

Additionally, you’re required to submit trademark specimens - proof that your trademark is being used in business. 

 Acceptable specimens include:

• Marketing materials,
• Website screenshots,
• Or product labels showing the trademark in use.

From filing to final decision: The California trademark journey

California trademark applications are processed relatively quickly, often reviewed within 5 to 10 business days.

If your application is complete and approved, your trademark will be published in the official state trademark bulletin. This publication triggers a 30-day period. During this, others can challenge the registration if they believe it conflicts with an existing mark.

Overall, including review time and the opposition period indicated above, a California trademark is usually approved within two to six months.

(Contrast this to federal trademark registration, which typically takes 12 to 18 months.)

Another major difference between state and federal trademarks is renewal requirements.

• A federal trademark must be renewed between the 5th and 6th year and again between the 9th and 10th year, then every 10 years thereafter.
• A California state trademark must be renewed every 5 years.

Additionally, you’re required to report any changes in ownership or business structure to maintain your trademark’s validity.

Protect your trademark today

Taking the next step on your business journey can often be challenging, especially when you're overwhelmed with legalese and complex information. That’s where we come in. Our experienced legal experts are here to provide timely and effective trademark registration, so you can focus on growing your brand. If you need guidance specific to California, Andrea Gorrie, a licensed attorney in the state, is ready to assist with all your California trademark questions. 

Additional resources

• State Trademark vs. Federal Trademark: Which is Best?
• Do I Need to Hire a Trademark Attorney?
• What to Expect When Applying for a Trademark: A Comprehensive Guide

Glossary of legal terms

• Service mark: A brand name or logo that identifies a service provider rather than a physical product.
• Trademark: This can be a name, logo, slogan, smell, or even a sound that distinguishes your brand from others. 
• Trademark renewal: Trademark renewal reaffirms that you’re using your trademark in commerce, thus ensuring its continued protection. 
• United States Patent and Trademark Office (USPTO): The USPTO is a US agency that is responsible for the registration of trademarks and protection of patents. 
• World Intellectual Property Office (WIPO):The WIPO is a United Nations agency that helps businesses and brands register their trademarks globally.