Getting trademarks for your company, products or services is a great way to safeguard your business. When you start a company, you probably spend a significant amount of time picking a name that will attract lots of customers. As you start meeting your business goals, getting a trademark will help you protect your success. In addition, getting a trademark can help you avoid legal trouble from other companies.
Gerben Law Firm offers services that will guide you through the process of getting a trademark. We know how to get a trademark from the U.S. Patent and Trademark Office with minimal resistance. Before you file to get a trademark, Gerben Law Firm will run a search process that identifies potential problems. USPTO has trademark attorneys who review each application and look for other trademarks that are similar or identical. When getting trademarks, you need to consider similar names in addition to the precise name you use. USPTO’s attorney will likely reject your application to get a trademark if it interferes with an existing trademark. The attorneys weigh several factors to determine whether your trademark would generate confusion among consumers. Gerben Law Firm can help you understand how to get a trademark to pass USPTO’s evaluation and then use the protection you’ll receive after getting a trademark to its maximum potential.
When evaluating trademarks, USPTO wants to ensure that a consumer looking for a specific product or service is not confused by multiple identical or similar names. That is most critical within a specific industry. Getting trademarks to protect the names of your company, products or services requires a thorough review of your market. At Gerben Law Firm, we conduct a search of federal databases to look for companies that have already filed to get a trademark using an identical or similar name as the one you want to use. We look for everything from similar spellings to industry-specific synonyms. If there’s an obstacle that would inhibit your efforts to getting a trademark, we want to find out about it before you file. USPTO charges a nonrefundable filing fee for each application to get a trademark, so the cost of rejection is several hundred dollars.
Before engaging our law firm, many of our clients want to know more about how to get a trademark. To many, it makes sense that USPTO won’t grant a trademark for a similar or identical name. But the process of getting trademarks is more difficult than just checking a few federal databases. If we determine that the name for which you want to get a trademark is likely to pass USPTO’s review, we then collect specific information for the application. USPTO requires all applicants trying to get a trademark to pick product or service codes based on their industry. Many of the industry groupings have similar listings, and Gerben Law Firm will help you pick an appropriate category so that you receive the most protection possible when you get a trademark. We’ll handle all of the electronic paperwork, and when we’re finished, all you’ll need to do is digitally sign the form and pay the filing fee.
After you submit your application to get a trademark, Gerben Law Firm can handle subsequent communications with USPTO. Because the agency’s reviewers occasionally ask for more information, you should consider letting Gerben Law Firm shepherd your application to get a trademark through the entire process. When USPTO sends requests for more information, known as trademark Office Actions, you have a limited amount of time to deliver the proper information or else you risk rejection.
Even if you complete USPTO’s process for getting a trademark, you might not be able to use the name of your company, products or services everywhere. In some areas, other companies might have “common law” rights to use a name. State and local courts can provide some common law rights for the use of a name if a company can demonstrate that they have a well-established presence with the name. That company might not know anything about getting trademarks, but it still could have legal rights to the name, especially in its geographic region. Gerben Law Firm can help you unearth companies that might have common law trademarks. Our comprehensive package provides the depth and quality of search you need to determine whether your name could face future legal problems. We search state, local and business databases to find those potential threats. Trademark attorney Josh Gerben will review all results from our federal and comprehensive searches with you so that you can decide whether to get a trademark for the name of your company, product or service or come up with a name that faces fewer legal landmines.