Trademark Attorney Services for Your King of Prussia Business

The top 5 questions King of Prussia businesses have about obtaining a trademark.

How is a trademark different from a copyright?

Both trademarks and copyrights are forms of intellectual property, but each protects something different. Trademarks, for instance, protect anything that shows a product or service is associated with a particular brand. Common trademarks include business or product names, slogans, and logos. Copyrights, on the other hand, protect creative works like art, poetry, song lyrics, and novels.

How long is the trademark registration process?

On average, the trademark registration process takes about 8-10 months from start to finish. In some instances, though, it can take a year or more to obtain approval from the United States Patent and Trademark Office, or USPTO.

When should I start the process to register my trademark?

Start now! Ideally, filing for trademark protections should be one of the very first actions you take when planning to open your own business. Do this before you start using your mark of choice, investing in product labeling and signage, and creating a marketing campaign. This way, you’ll be certain your trademark is available before investing more money. Contact Gerben IP to begin the process to register your trademark.

What are International Classes, and how do I know which classes to select?

The USPTO has 47 different classes of goods and services that a trademark may represent. On your trademark application, you will need to select the International Classes which best represent the products or services you plan to offer under your trademark. Deciding which International Classes to file can be challenging. Include only the goods or services in your application that you are currently offering, or have intent to offer in the near future. The attorneys at Gerben IP can assist you in selecting the correct International Classes for your application.

Will the USPTO alert me to potential infringement?

No. Once your trademark registration has been approved by the USPTO, the responsibility of monitoring and policing the mark becomes your responsibility. Fortunately, many trademark attorneys, including those at Gerben IP, offer trademark monitoring services, and they will assist you in taking legal action if necessary. We put together a guide on handling infringement, which can be found here.

Common misperceptions about trademarks heard around King of Prussia, PA.

I can’t afford to register my trademark.

It’s understandable to be budget-conscious as you plan to open your business. While some business costs may seem unnecessary in the early stages of your business, don’t overlook trademark registration. Failing to register your trademark could actually cost you more in the long run if you later learn you are infringing on another business. In addition, working without a trademark could leave you vulnerable to infringement from other businesses, which could confuse customers and steer them away from your business. Register your trademark with the USPTO to ensure your trademark is protected.

I conducted a Google search, and no one is using my mark, so it is available for registration.

This may not be true. A Google search, and other DIY search sites, tend to only return exact matches to your trademark. Unfortunately, most trademark disputes arise from confusingly similar matches, not exact matches. Work with an experienced trademark attorney that will conduct a comprehensive trademark search that returns not just exact matches, but similar matches to your trademark as well. Read this for best practices on doing your own name search. 

I applied to register my business name. That is enough to protect my business.

While registering your business name with the USPTO is an important start to protect your brand, it’s likely not enough to provide full protection. In addition to your business name, consider all the things that represent your brand, including product names, logos, slogans, and even signature colors. If you are unsure about what aspects of your business could benefit from trademark protection, contact Gerben IP.

The symbols ® and ™ are interchangeable, so I can use either one at any time.

The symbol ® is designated only for trademarks that have been registered by the USPTO. Using ® prior to registration is a fraud and could be grounds for rejection of your trademark application. Until your trademark registration has been approved, you can use the ™ symbol.