Your business name, logo, or slogan isn’t just branding — it’s one of your most valuable assets, period. Sell products or services anywhere in Los Angeles County, Orange County, San Bernardino County, or Riverside County? A registered trademark can stop competitors from using something confusingly similar in your industry. Here’s the plain-language version of how federal trademark registration works in 2026, and what business owners in West Covina, Los Angeles, Anaheim, San Bernardino, Riverside, Ontario, and Pomona need to do to lock down their brand.
Background: What Is a Trademark and Why Register It?
A trademark is a word, phrase, logo, or design that tells customers where your goods or services come from — and separates you from everyone else trying to sell the same thing. Just using a name in commerce gives you some rights already (we call these “common law” rights). But here’s the catch: those rights only cover the area where you’re actually doing business. Expand outside that area, and you might have nothing to stand on.
Register with the United States Patent and Trademark Office (USPTO) and everything changes. You get nationwide notice of your claim, a legal presumption that you own the mark, and the right to use that registered trademark symbol (®). You can also sue in federal court, and in some cases, stop counterfeit goods right at the border. Want the government’s own breakdown? Check out the USPTO trademark basics page. But for the real-world playbook — keep reading.
How This Affects Business Owners in Southern California
Southern California is home to a large number of small businesses, restaurants, retail shops, e-commerce companies, and startups, from the Inland Empire cities of San Bernardino, Riverside, and Ontario to the dense commercial corridors of Los Angeles and Orange County. Many of these businesses operate under names or logos that were never federally registered. This creates risk: a competitor, even one located in another state, could register a similar mark first and later send a cease-and-desist letter demanding that the original local business stop using its own name.
Franchise owners, product sellers on platforms like Amazon, and companies planning to expand beyond one city or county generally benefit the most from early registration, since it can prevent costly rebranding later. Businesses that plan to raise capital, license their brand, or eventually go public may also find that investors and partners expect to see a registered trademark as part of basic corporate hygiene; this can overlap with matters our public companies practice handles for growing companies.
What You Should Do Now
Below are the general steps to register a trademark with the USPTO as of October 8, 2026. Every business is different, so these steps are a general roadmap, not a guarantee of any particular outcome.
- Do a clearance search. Search the USPTO’s Trademark Electronic Search System (TESS) and the open web to see if an identical or confusingly similar mark is already in use or registered for similar goods or services.
- Decide on your filing basis. You can file based on current “use in commerce” (Section 1(a)) if you are already selling under the mark, or “intent to use” (Section 1(b)) if you plan to use it soon.
- Identify your goods and services class. The USPTO uses an international classification system. Picking the correct class and a clear description matters, because the registration only protects the goods and services actually listed.
- File the application through TEAS. Applications are filed electronically through the Trademark Electronic Application System. As of October 8, 2026, the USPTO’s base application fee is generally $350 per class of goods or services, though additional fees can apply if the application is missing required information. Current fee amounts are published on the USPTO trademark fee schedule.
- Respond to any Office Action. A USPTO examining attorney reviews every application. If there is an issue, the USPTO issues an Office Action, and the applicant generally has three months to respond (extendable to six months for an additional fee).
- Publication and opposition period. If approved, the mark is published in the Official Gazette for 30 days, during which third parties can file an opposition with the Trademark Trial and Appeal Board (TTAB).
- Registration and maintenance. If no opposition succeeds, a use-based application proceeds to registration. Owners must later file maintenance documents, including a Section 8 declaration of continued use between the fifth and sixth year, and renewals every ten years, to keep the registration active.
Because this process can take many months and involves legal judgment calls, business owners sometimes choose to involve an attorney before filing rather than after receiving an Office Action or opposition.
How TEZ Law Firm Can Help
TEZ Law Firm assists business owners throughout West Covina, City of Industry, Newport Beach, and the broader Southern California region with trademark clearance searches, USPTO application preparation and filing, responses to Office Actions, and brand enforcement strategy. Founding attorney JJ Zhang (California Bar #326666) and the firm’s team can also advise on how trademark protection fits into a broader business and intellectual property plan, including through our trademarks, copyrights, and IP practice. When a trademark dispute escalates into a demand letter or lawsuit, our business litigation team can also advise on next steps.
Frequently Asked Questions
Do I need a registered trademark to use the ™ symbol?
No. You can generally use the ™ symbol for a word, logo, or slogan as soon as you start using it to identify your goods or services, even without a federal registration. The ® symbol, however, can only be used once the USPTO has issued a registration.
How long does USPTO trademark registration take?
As of October 8, 2026, straightforward applications with no Office Action or opposition can generally take around eight to twelve months from filing to registration. Applications with legal issues, required responses, or oppositions can take significantly longer.
Can I register a trademark myself without an attorney?
Individuals and businesses can file directly with the USPTO. However, foreign-domiciled applicants are generally required to be represented by a U.S.-licensed attorney, and many applicants choose to work with an attorney to help reduce the risk of errors that can delay or jeopardize an application.
What is the difference between a state and a federal trademark?
California allows trademark registration through the California Secretary of State, but that registration generally only protects use within California. A federal USPTO registration can provide protection and presumed rights throughout the United States, which is often more useful for businesses that sell online or plan to expand.
What happens if someone opposes my trademark application?
If a third party believes your mark could cause confusion with theirs, they can file a Notice of Opposition with the Trademark Trial and Appeal Board during the 30-day publication period. This starts a proceeding similar to a lawsuit, where both sides can present evidence before the TTAB decides whether registration should proceed.
If you are starting, running, or growing a business in West Covina, Los Angeles, Anaheim, San Bernardino, Riverside, Ontario, Pomona, or anywhere else in Southern California, protecting your brand name early can help you avoid costly disputes later. Contact TEZ Law Firm to schedule a consultation and discuss your trademark registration options.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact TEZ Law Firm at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.