California Trademark Law

California trademark and service mark applications:  In addition to, or instead of, a federal trademark filing or fictitious business name filing, it may be necessary or advisable for any given client to file for a California trademark or service mark for a variety of reasons.  A California trademark attorney should assist in determining whether to file on the state or federal level, both, or neither.

California has its own separate state trademark law and trademark application process, which operates on similar principles to federal trademark law, but is autonomous from the federal process and is intended primarily for registrants doing business only in California.  The California trademark application filing fee is significantly less than the USPTO's, currently $70 for one class of goods or services.  In addition, the initial comprehensive trademark search and attendant fees and costs may sometimes be avoided for a state trademark application, making a California trademark filing a more cost-effective choice in some circumstances.

When a comprehensive trademark search is desired prior to the filing of a California trademark, the combined cost of the search and the legal fee for initiating, overseeing, and most importantly interpreting the results is generally $750 for a word mark and $950 and up for a logo mark or combined word and logo mark.  Additional costs apply to Thompson & Thompson searches and to formal written opinions, when required.

The legal fee for applying for the registration of one mark in one class of goods/services in California is $750 if based on our prior search and legal opinion; otherwise, as a stand-alone service, the fee is $850, including filing fees.  Additional legal fees and costs apply to multiple classes of goods or services.

No specific result can be guaranteed, and oppositions and appeals from a negative final determination are billable on an hourly basis.

Cease and desist letters to California trademark infringers may often be handled on a flat fee basis for $375-500.  California trademark litigation, arbitration, mediation, and other related legal work is generally on an hourly basis at $375 per hour.

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