Maximize Compensation for Your Motorcycle Accident Spinal Cord Injury

There are many types of spinal cord injuries that may result from a motorcycle accident. Some of those include bulging dicks, sciatic nerve damage, herniated disks, partial or total paralysis. If you have suffered a spinal cord injury due to a motorcycle crash you may require to seek physical therapy, chiropractic care, or other surgical procedures to help with the pain. Medical professionals are able to evaluate the extent of the spinal cord injury and decide if surgery to decompress and stabilize the spinal cord is necessary.

Compensation for Motorcycle Accident Spinal Cord Injury

When you are involved in a motorcycle accident and suffer injury, you are legally entitled to compensation by negligent and responsible parties, or their insurance carriers. We invite you to contact one of our Glendale motorcycle personal injury attorneys and see how we can help you recover from your medical bills and help you get the compensation you deserve. Our Glendale motorcycle accident attorney will review your accident claim, evaluate your case, and consult with you on your options, and connect you with experienced medical professionals to get you the proper care. Please call our office at {meta.phoneFormatted} and speak to an experienced motorcycle accident attorney today.

Spinal Cord Injury Symptoms After Motorcycle Crash

While spinal cord injury symptoms after a motorcycle crash are usually immediate or sometimes symptoms may be delayed as swelling or bleeding occur in or around the spinal cord. Common spinal cord injury symptoms may occur when there is:

• Inability to move extremities
• Muscle spasms
• Pain and numbness
• Tingling or burning sensation going down your leg
• Inability to feel pressure, heat, or cold
• Loss of bladder or bowel control
• Headaches
• Pain, pressure, stiffness in the back or neck area

Severe Spinal Cord Injury

Often times motorcycle accidents result in severe spinal cord injuries which may require the victim 24-hour-a-day personal care, the use of powered wheelchairs with special controls to move around on their own, or may require complete assistance with activities of daily living, such as eating and dressing. When such injuries occur, medical bills begin to pile up. Thus, it is imperative that motorcycle accident victims speak to a motorcycle accident attorney as soon as possible so that you may preserve your claim. Our Glendale motorcycle attorneys at KAASS Law can help you get the treatment you need and recover compensation for medical bills, hospital bills, pain and suffering, future treatment, lost wages, loss of income, loss of future income, and other related losses.

• The ability to speak is sometimes impaired or reduced.
• When all four limbs are affected, this is called tetraplegia or quadriplegia.
• Requires complete assistance with activities of daily living, such as eating, dressing, bathing, and getting in or out of bed
• May be able to use powered wheelchairs with special controls to move around on their own
• Will not be able to drive a car on their own
• Requires 24-hour-a-day personal care

Other common motorcycle accident injuries include the following:

• Skull fractures
• Traumatic brain injuries (TBIs)
• Spinal Cord Injury

Hiring a Los Angeles motorcycle accident attorney can help motorcycle accident victims' preserve their accident claim, increase compensation, and avoid having to deal with the difficulties of insurance companies and insurance adjusters. As experienced motorcycle accident litigators, we have successfully litigated various personal injury cases. KAASS Law understands the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury or accident case. Please call our office at {meta.phoneFormatted} and speak to an experienced Los Angeles motorcycle accident attorney. Give us a call, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

If one cannot duplicate a phone number or street address, then why should one have the power to duplicate a domain name? Domain names, similar to words and symbols, can be used to identify a seller's products and distinguish them from the products of another, and are thus viewed as trademarks. The Ninth Circuit U.S. Court of Appeals recently ruled that a business must use its domain name to sell goods or services in order to protect the name - even if a competitor starts to use the name after you registered the domain. In other words, merely reserving a domain name isn't enough. Thus, its important to register your domain name, because if your domain name has a trademark, the URL has protection under the USPTO.

Establishing Trademark Infringement Under Lanham Act

The Trademark Act of 1946 ("Lanham Act") prohibits uses of trademarks that are likely to cause confusion about the source of a product or service. 15 U.S.C. §§ 1114, 1125(a). Moreover, to establish a trademark infringement claim under the Lanham Act, a plaintiff must establish that defendant's use of a mark is confusing similar to plaintiff's. Id. The main area of inquiry in trademark infringement cases is whether the similarity of the marks is likely to confuse customers about the source of a product or service. Brookfield Communications, Inc. W. coast Entm't corp., 174 F.3d 1036, 1062 (1999).

Trademarking a Domain Name

To protect your business or brand from infringement, you may want to trademark your domain name in addition to a logo, slogan, or design. Merely, registering a domain name does not give you trademark rights, rather it identifies your website and generally will not prevent others from using the name. If you trademark your domain name, you have legal protection if a third party uses your trademarked name. You can file a trademark infringement action against the infringing party and recover money damages, financial losses, and other damages you might have incurred.

When Does a Domain Name Qualify as a Trademark?

The domain should function as a "source indicator." It must convey to whoever sees the URL what products or services are behind the name. A domain qualifies as a trademark when it is a "source indicator." Your domain must convey the products or services associated with the name to whoever sees the URL. Not all domain names can be registered as trademarks. The PTO is particular about what can be registered as a domain name.

Third Party Using Similar Domain Name Causes a Likelihood of Initial Interest Confusion Among Potential Consumers

Consumer confusion occurs when another company has a domain name close in spelling to your domain. The other company's name might different by one letter. Generally, consumer confusion matters only if a domain name that's similar to the one you want to use is a protected trademark. To be protected, a trademark must be distinctive. If the trademark owner has been able to register a name with the U.S. Patent and Trademark Office, it is probably distinctive. The dispositive question in trademark infringement cases is whether the similarity of the marks is likely to confuse customers about the source of a product or service. Interstellar Starship Services, Ltd. V. Epix, Inc., 304 F. 3d 936, 941 (2002).

Trademarks: Initial Interest Confusion Among Potential Consumers

Initial interest confusion occurs when the defendant's use of plaintiff's trademark sways consumers towards their own product or service by capturing "initial consumer attention." Brookfield at 1045. In the context of website domain, the defendant's unauthorized use of the trademark confuses consumers who expect to find the plaintiff's product or service at that web address. Interstellar at 942. Although actual confusion is not required, plaintiff must prove a probability of confusion, as the mere possibility is not enough. Perfumebay.com Inc. v. eBay, Inc., 506 F.3d 1165, 1176.

Sleekcraft Factors of Likelihood of Confusion

To evaluate the likelihood of confusion, including initial interest confusion, the Sleekcraft factors considered are: (1) the similarity of the marks; (2) the relatedness or proximity of the two companies' products or services; (3) the strength of the registered mark; (4) the marketing channels used; (5) the degree of care likely to be exercised by the purchaser in selecting goods; (6) the accused infringers‘ intent in selecting its mark; (7) evidence of actual confusion; and (8) the likelihood of expansion in product lines. Courts consider these factors within the totality of the circumstances through the eyes of the "reasonably prudent consumer" in the marketplace, not a person with a legally trained mind. Dreamwerks Production Group, Inc. v. SKG Studio, 142 F.3d 1127, 1129 (1998). In the context of website domain, courts have held that the three most important Sleekcraft factors in evaluating a likelihood of confusion are (1) the similarity of the marks, (2) the relatedness of the goods or services, and (3) the parties' simultaneous use of the Web as a marketing channel. Interstellar at 942. No one factor is to be considered conclusive and the relative importance of each individual factor will be case-specific. Compare Brookfield, 174 F.3d at 1061 (holding that use of the domain name "moviebuff.com" violated plaintiff's trademark rights in the mark "MovieBuff," as consumer confusion is likely to result from the relatedness of the products and the companies' simultaneous use of the Web as a marketing and advertising tool) with Interstellar at 943 (finding that domain name "epix.com" for website showcasing creator's electronic pictures did not infringe the trademark "EPIX," used in connection with printed circuit boards and computer programs, because there was a lack of relation between the products and both parties marketed to a different consumer base through the web).

Trademark Owners: Commercial Use in Commerce

The Federal Trademark Dilution Act (FDTA) allows a trademark owner to obtain an injunction against another's "commercial use in commerce" of a mark or trade name 15 U.S.C. § 1125(c)(1). "Commercial use in commerce" has been generally interpreted to mean use of mark in relation to any goods or services. Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894, 903 (2002). If you believe someone is infringing on your trademark or have questions regarding trademark registration, copyright, or any other intellectual property related question, we invite you to contact our office and speak to an experienced Los Angeles trademark lawyer at {meta.phoneFormatted}.

The Immigration and Nationality Act ("INA") gives an opportunity to US Citizens and lawful permanent residents to bring their children to the Unites States. US citizens can sponsor both their married and unmarried children. However, the unmarried children under twenty-one (21) fall under the category of immediate relatives who are exempt from numerical quotas applicable to other family based preference categories. The question whether the child falls under the category of immediate relatives is extremely important because if immediate relatives can obtain their green cards within less than a year, children of US citizens, falling under one of the preference categories, will have to wait at least seven (7) years depending on their country of citizenship and marital status. Lawful permanent residents can only sponsor their unmarried children who fall under the Second Preference – spouses and unmarried sons and daughters of permanent residents. However, children under twenty-one (21) of permanent residents have certain privileges compared to children who are twenty-one (21) or older. First of all, seventy-seven percent (77%) of available visas in the second preference category is allocated to spouses and unmarried sons and daughters under twenty-one (21) of permanent residents. INA § 203(a)(2). Additionally, seventy-five percent (75%) of visas issued to spouses and unmarried children under twenty-one (21) of permanent residents is not subject to the per country limitations. Id. § 202(a)(4)(A). As a result, if children under twenty-one (21) of permanent residents can obtain their green cards within less than two (2) years, children who are twenty-one (21) or older will have to wait at least seven (7) years depending on their country of citizenship. As it can be seen, the age of the child is crucial for both the petitions filed by US citizens and permanent residents. There is a possibility that although the petition is filed while the child beneficiary is under twenty-one (21) he will be twenty-one (21) or older at the time of adjudication of the petition.

What Happens if My Child Turns 21 After Filing an Immigration Petition?

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) qualifications for the term "child" for purposes of an immigrant. This allows beneficiaries to maintain classification as a "child," even if you reached the age of 21.

What is Age Out?

The CSPA protect immigration classification as a "child" when the person aged out due to excessive processing times. "Child" is defined as an individual who is unmarried and under the age of 21.

What Type of Immigration Applications Preserve "Child" Status?

Under the CSPA,"child" status is protected for:

• Family-based immigrants
• Employment-based immigrants and
• Refugees
• Asylum
• VAWA

Age-Out Protection for Children of US Citizens

Adjudicators must determine whether the beneficiary qualifies as an immediate relative child based on his age on the date of filing the immigrant visa petition on his behalf. Id. § 201(f)(1). As such, the date when the US citizen parent files the immigration petition for his child, the Form I-130, determines whether the child falls under the category of immediate relatives or not. This means that although the child may turn twenty-one (21) after filing the immigration petition on his behalf, he will always qualify as an immediate relative as long as he is not married. The date of filing the petition is the date when the Form I-130 is filed with the United States Citizenship and Immigration Services.

How Do I Qualify For CSPA Age Out Protection?

Immediate relatives qualify for age out protection if the I-130, Petition for Alien Relative was filed by a U.S. citizen parent for his or her child, the beneficiary's age "freezes" on the date of filing. If the I-130 petition was filed by a parent that has permanent resident status and received his or her naturalization status before the child turns 21, the child's age "freezes" on the date the petitioner naturalized.

Age-Out Protection for Children of Lawful Permanent Residents

Adjudicators shall determine whether the beneficiary qualifies as a child under twenty-one (21) of a lawful permanent resident by using the following formula: the age of the child on the date on which an immigrant visa number becomes available minus the number of days during which the petition for the child was pending. Id. § 203(h)(1). If the child is under 21 after using this formula he will benefit from the age-out protection provision of INA. The immigration petition is considered to be pending from the date of filing the petition until the date of approval. It should be noted that the beneficiary may benefit from the age-out protection only if he seeks to acquire a status of a lawful permanent resident within one (1) year after the availability of an immigrant visa number. Id. The age-out protection provisions of the INA are intended to protect the children of US citizens and lawful permanent residents who turn twenty-one (21) after filing the immigration petition on their behalf. Hence, if the child of a US citizen or a lawful permanent resident will turn twenty-one (21) soon they should try to file the immigration petition before the child turns twenty-one (21) in order to benefit from the age-out protection provisions.

What is the Eligibility Criteria for CSPA Age Out Protection?

In order to be eligible for CSPA age out protection the "child":

• Must have been the beneficiary of a pending or approved visa petition;
• Must not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002;
• Must "seek to acquire" permanent residence within one (1) year visa becoming available;
• As long as the child was unmarried and under 21 at the time of filing the petition and the child was listed on the Form I-589, or I-590, the child will remain a "child" regardless of age and can continue adjustment of status

FOR A FREE DETAILED REVIEW BY OUR AWARD WINNING LOS ANGELES IMMIGRATION ATTORNEYS FILL OUT THE FOLLOWING FORM:

California Prop 213 Uninsured Motorist

California Proposition 213 restricts uninsured drivers from recovering general damages, or compensation for pain and suffering, following a car accident. Unfortunately, often times, insurance gaps happen, and so do auto accidents. In California, drivers are required to carry liability insurance when operating a motor vehicle on a public road.

What Are the Exceptions to California Prop 213

California Prop 213 was created to prevent uninsured drivers from recovering money for pain and suffering following an accident. However, it does not limit your ability to recover medical costs, lost wages, or compensate you for future medical charges, if your accident was caused by a negligent driver. There are exceptions to the rule, and with a knowledgeable Glendale personal injury attorney, you can receive the compensation you deserve. Prop 213 does not apply to:

• Passengers: As a passenger, you may not be subject to Prop 213 if the driver is uninsured
• Employer-owned vehicles: You are not responsible for insurance on company-owned vehicles
• Accidents resulting in wrongful death claims: You and your family can recover general damages even if the driver is uninsured
• Accidents caused by drunk driving: You are still entitled to general damages if a drunk driver hits you while uninsured
• Punitive damages: In addition to compensatory damages, a defendant who is found guilty of a serious crime or violation is also required to pay punitive damages
• Private property: The accident occurred on private property,
• Owner of vehicle did not have insurance: The owner of the vehicle did not have insurance, but the driver who borrowed the car did have insurance on another car. As such, the driver is considered insured and entitled to his or her full measure of damages.

If you were uninsured and injured in a auto accident, our knowledgeable accident attorneys can help you get the compensation you deserve. Call us at {meta.phoneFormatted}, 24 hours a day, 7 days a week for a consultation tailored to the specifics of your case. Attorneys at KAASS Law speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

Apple iPhone Slowdown Class Action Lawsuit

On December 20, 2017, Apple publicly announced that they intentionally slowed the operating speeds of older iPhone models. A class action was filled against Apple Inc., by KAASS Law, on behalf of our client, Plaintiff Violetta Mailyan of Los Angeles. The complaint alleges that Apple intentionally slowed down older iPhone models prior to or right around the time a newer iPhone model was introduced into the market. The complaint further alleges that the "slowdown" was accomplished by updating the iPhone's operating system "iOS". The class action alleges cause of action for "Fraud through concealment" and "Unfair competition under California business and Professions Code Section 17200 et seq".

Who is Representing Mailyan in The iPhone Slowdown Class Action Lawsuit

Represented by Lead Attorney Armen Kiramijyan and attorney Hovsep Hovsepyan of KAASS Law. The Apple iPhone Slowdown Class Action Lawsuit is Mailyan v. Apple Inc., Case No. 2:17-cv-09192, in the U.S. District Court for the Central District of California.

Where Can I Get More Information About The Lawsuit?

Further information regarding the iPhone slowdown class action lawsuit will be released in the coming days. In the meantime, for more information you may email [email protected] by referencing Mailyan v. Apple Inc. In the subject line.

California Identity Theft Penal Code Section 530 PC

Identity theft, under Penal Code 530 PC usually occurs when: a defendant unlawfully gained unauthorized access to a computer's information or someone else's sensitive personal information and used that information for financial or personal gain. This can be achieved by creating a credit card or opening up an account under someone else's identity in order to obtain money or items which they are not entitled to.

What Is Identity Theft?

As discussed above, identity theft under California Penal Code Section 530 occurs when a person unlawfully and intentionally acquires and retains possession of personal identifying information of another person. In other words, identity theft occurs when a person uses your personal identifying information without permission to commit fraud or other theft related crimes. Identity theft crimes can include obtaining a consumers:

• Name
• Credit card number
• Driver's license number
• Social Security number
• Bank account information

Penalties for Felony Identity Theft in California

Felony identity theft charges in California carry punishment of 3 years in state prison, court order to pay compensatory damages to the victim(s) that suffered damages, other fines, parole, and/or probation. If you have been charged with an identity theft crime in Glendale or in Los Angeles County it is vital to seek help from Glendale identity theft attorney. Call now for a consultation and case review at {meta.phoneFormatted}. If you or someone you love has been accused of a identity theft in California, it is important to understand the penalties that accompany a identity theft conviction. We invite you to contact our Glendale criminal lawyers for a consultation and case review. Call our office at {meta.phoneFormatted}, our attorneys at KAASS Law speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian. KAASS Law is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS Law expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS Law does not represent you unless you have expressly retained KAASS Law in person at the KAASS Law office. KAASS Law helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.

Commercial Lease Agreements vs. Residential Lease Agreements California commercial lease agreements and residential lease agreement have a few major differences between them. In California, there are a few legal protections available for commercial leases in comparison to residential lease agreements. For instance:

• Consumer Laws: Many consumer laws which apply to residential lease agreements do not apply to commercial leases. California state laws provide less legal protection to business owners against consumer protection against dishonest landlords because it is assumed that business owners are more knowledgeable people.

• Negotiable Lease Terms: Landlords of commercial leases usually allow business owners to negotiate more flexible lease terms in order to accommodate each business tenant. Unlike residential terms which are not as negotiable however, many California state laws have been enacted to protect residential lease agreements from including discriminatory or unlawful terms in their lease agreements.

• Residential Lease Agreements Generally Longer Terms: Many California commercial lease agreements have long terms, such as several years. While, on the other hand, in most cases residential leases are for no longer than a year or are month-to-month.

• Commercial Lease Requires Liability Insurance: Landlords of commercial leases usually require business owners to carry commercial liability insurance in the event someone is injured on your premises or some type of loss occurs. Often times commercial landlords will require that business owner to include their landlord as an named insured on the policy. However, the lease times under liability insurance may not require the landlord to include the business tenant as a insured. It is recommended that you negotiate those terms and request that the landlord also include your business as a named insured on the landlord's insurance policy.

Before signing a commercial lease agreement, it is vital that you review all the terms and ensure that the terms included in the lease agreement will meet the needs of your business. Failure to review the terms thoroughly prior to committing to and signing a lease can lead to unfortunate consequences in the future. Thus, if you are a business owner and wish to enter into a commercial lease agreement it is vital that you have a experienced Glendale business attorney review your commercial lease agreement prior to signing in order to avoid adverse consequences in the future.

• Attorneys Fees Clause: Generally in California, Attorney's fees provisions means that in the event of a law suit or dispute each party bears its own attorney's fees. While there are exceptions to this general rule, if a commercial lease provides that the prevailing party will recover its attorney's fees and costs, generally that provision is enforceable, assuming that the matter is litigated to judgment. California Civil Code §1717(a) makes attorney fee clauses or provision binds both parties to the clause. Attorney's fees will be provided to the prevailing party regardless of language limiting the right to one party. In other words, if the lease contains an attorney's fee clause, a prevailing party/tenant will be awarded attorney's fees even if the lease only discusses an award of attorney's fees to the landlord.

These are only a few things a business owner should consider when entering into a commercial lease agreement. Our experienced business law in Los Angeles, CA are available to review for your commercial lease agreement and consult with you on which provisions need changes to ensure you rights are protected. Call {meta.phoneFormatted} and speak with a Los Angeles business law attorney. We are available 24-hours a day. What is Insurance Bad Faith?California insurance bad faith actions arise when insurance company breaches the implied obligation of good faith and fair dealing. Insurance companies must, unreasonably or without proper cause, act or fail to act in a manner that deprives the insured of the benefits of the policy. It is not a mere failure to exercise reasonable care. However, it is not necessary for the insurer to intend to deprive the insured of the benefits of the policy. Generally, the term bad faith for insurance purposes means an insurance company:

• Unreasonably denies a claim;
• Unreasonably delays the claims process;
• Unreasonably terminates the claim
• Unreasonably underpays a claim.

Insurer's Failure to Reasonably Settle Claim within Policy Limits

The court found that when an insurer's failure to reasonably settle a claim within policy limits, after primary or "first party" insurance rejected a within-limits settlement offer and there is a judgement against their insured/policyholder, whether by settlement or verdict, the first party insurance company must pay any excess monies, whether through jury verdict, settlement, or judgment. Policy limits demands can be a powerful tool for plaintiffs' insurance lawyers and can cause headaches for claims adjusters. While, it all depends on the circumstances surrounding the claim or issue, an insurer that misses an opportunity for a reasonable settlement of a claim against its insured can now be liable for the full amount of a later judgment, regardless of the policy limits. If you believe that your primary insurance company rejected a within-limits settlement offer and an later there was a subsequent settlement or judgement which exceeds your policy limits or you believe that your insurance company may be acting in bad faith, speak to one of our Los Angeles insurance lawyers for a consultation and case review. Call our office at {meta.phoneFormatted}, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

Recovering Damages for Breach of Contract

"A contract is an agreement to do or not to do a certain thing." Cal. Civ. Code § 1549. To recover damages for breach of contract, the plaintiff must prove all of the following:

• Plaintiff and defendant Entered into a contract;
• Plaintiff did all, or substantially all, of the significant things that the contract required to do or that plaintiff was excused from having to fulfill his promise of the contract
• That the specific condition(s) that did not occur was/were waived or excused
• That defendant failed to do something that the contract required him to do or defendant did something that the contract prohibited him from doing;
• Plaintiff was harmed; and
• Defendant's breach of contract was a substantial factor in causing plaintiff's harm.

If you entered into a contract and you fail to abide by the terms of the agreement, you may face the likelihood of having a lawsuit filed against you. If a party contracts with you and does not fulfill the terms of the agreement, you may also have the right to seek legal remedy and likewise file suit against the breaching party.

California Businesses Facing Lawsuit Must Be Represented by an Attorney

It is important to remember that a California business owner cannot represent themselves in a lawsuit as pro per, this is because in California, a California business that is facing a suit or wish to file a lawsuit against another must be represented by an attorney. Before filing a lawsuit it is important to review all the provisions in the contract to ensure you don't file a frivolous lawsuit against the other party. Often times contracts can be confusing and thus require the assistance of a business law or contract attorney. Breach of contract can occur in many different ways, such in business service contracts, employment contracts, or business partnership contracts. If you believe that another party breached the terms or failed to fulfill the terms under a contract it is important to speak to a experienced business lawyer, to ensure you rights and remedies are protected.

How Does California Trademark Registration Work?

You have probably heard of trademarks before, but what you almost certainly haven't learned about is the process by which you can get something trademarked. The trademark submission process is a federally regulated, highly specialized endeavor that requires lots of detailed information to show how your product, company, good, or service is unique enough to warrant a trademark. The application goes through the United States Patent and Trademark Office, or USPTO for short.

Filing a Trademark Application with The USPTO

Upon filing a trademark application with the USPTO, you will have to wait through a three to four month period for them to begin the initial assessment and consideration of your application. During this time, there is not much else you can do and, therefore, you ought to ensure that your application is presented as clearly and as succinctly as possible so as to avoid any further delays in the process. At that point, an examining attorney reviews your application and compares it to other, pre-existing trademarks to ensure that there are no conflicts of interest. After this initial overview, the attorney will forward your trademark for publication.

Trademark Must Undergo 30-day Comment Period

Publication does not actually mean that you are out of the woods just yet. Rather, it refers to a 30-day comment period which every aspiring trademark must undergo. Within that 30-day time frame, anyone from the public can voice their opposition to your trademark request. What that means is that even if the U.S. government has no issue with your trademark application, any person can theoretically state that your trademark may bring damages to their own brand and with that statement they could make their opposition to your trademark. However, once the 30-day window is over, the application gets sent back to the examining attorney for the final review stage. Once the application reaches this state, and provided that you correctly filed the paperwork indicating that your trademark is in use (meaning that your products and services were still being sold at the time the application got filed) then the examining attorney will issue your trademark registration and a certification will get sent out to you through the mail.

Trademark Registration Process

The entirety of this registration process for your trademark will take anywhere from 6-8 months time. It is a slow and steady process that involves a lot of down time while you wait for the next stages of the application to undergo final review but once it is all over, you will have successfully trademarked your product, brand, or service through the federal government. So, why would you want to go through that grueling process in the first place?

Why Acquiring a Federal Trademark Registration is Crucial to Your Business?

There are several major reasons why someone would want to obtain a federal trademark. Some of those important reasons include:

Public Notice of Your Trademark Registration

• Having a federal trademark registration alerts everyone else to the fact that your brand exists and is recognized and protected by the United States government. Once your trademark is registered, it shows up in the United States Patent and Trademark Office's online database as well. The database is publicly accessible and it lets users conduct searches to locate any potentially similar trademarks to their own. Also, once your mark becomes registered, you may begin to use the registered trademark symbol, ®, next to your mark. That way, anyone who sees yours mark will know that it is protected with a federal registration. Moreover, no one can simply say that "they have never heard of your brand" as an excuse because U.S. trademark law assumes new companies check the USPTO trademark database in order to avoid confusion and legal issues.

Nationwide Coverage of Your Trademark Registration

• It is possible for a mark to obtain trademark rights by filing for a state-level trademark registration, or simply by using your mark in association with your goods and services by means of common law, both of those protections have strict geographic limitations. State trademarks only protect your mark if used within that state. Also, opting not to register your mark at all greatly limits the geographic scope of the protection to which you're entitled. Should you ever decide to expand your business to a larger area, even if it's through online commerce, you will run into issues with similar marks potentially going for the same national demographic as your business. For example, say someone opens a shop in another state and begins to sell products and services similar to your own, if you own shops in Southern California, and if you do not have a federally recognized trademark, you will be forced to co-exist with the new shop and you might even be restricted from expanding into that territory of the market. Situations like these are nightmares to deal with as a small business owner and it gets worse the larger you get.

Assumption of Ownership and Validity of Your Trademark

• Federal trademark applications go through in-depth review by government attorneys, called trademark examining attorneys, before any kind of formal registration or recognition is given out by the USPTO. Those attorneys review prior trademarks and examine yours to figure out whether the registration should get issued. Only after that review, and after the 30-day period of third-party objections, and a period of final consideration does a federal trademark registration get issued. As such, a federal trademark registration is a powerful certification which enables the holder of such a trademark a presumption of national validity over users of non-registered trademarks. What this means is that with a federal registration, you are presumed under the law to own a protectable trademark. While that does not grant complete immunity from everything, it does place a huge burden on an infringer to prove otherwise and thus it grants your brand a large margin of authority to preside over.

Trademark Registration Video

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We Can Get Your Brand Trademarked!

At KAASS Law, we believe in the spirit of individuality and in the power of originality. Your brand, your ideas, and your products deserve the protection and exclusivity that only a trademark registration can offer them, because it was your hard work and intellect that enabled you to create those ideas and services. Our team of experienced intellectual property and trademark lawyers will ensure the process is as quick and efficient as possible. We invite you to give us a toll free call at {meta.phoneFormatted} to speak to our team today. Let us help you in this critical moment of your enterprise's expansion.