Legal Question in Intellectual Property in California

Common law protection has been diminished dramatically since the evolution of the internet. I wouldn't suggest using common law as the sole basis of your claim in your mark (which is essentially your brand). Especially for websites since they cross state lines, you should register immediately.

I agree with the attorney above. You should register your trademark as soon as possible. Depending on the type of product you are selling you may want to consider registering in multiple registration class. Feel free to contact me or an attorney in your area if you have more questions.

Kind regards,

Jim Betinol

[email protected]

I would say a trademark owner should file for registration when (1) he or she can meet the requirements for registration (use in interstate commerce, etc.) and (2) infringement would have a sufficiently-serious impact on the business so that the cost of applying for and obtaining trademark protection is warranted.

The best time to file your trademark application is at the time your logo is created. While you may have some common law rights to the trademark, the party with the trademark is presumed to be the owner and you would have the burden of proving otherwise. Unlike a patent, a trademark application is inexpensive and the application process is less time consuming.