A trademark can be an incredibly important asset to your company. Searching and registering a trademark, however, can be an extremely complex and time-consuming process if attempted without the advice and assistance of an experienced trademark attorney. Although the trademark process may sound simple enough in theory, it can become complicated in short order. In today’s digital age, people often make the mistake of depending on the internet as opposed to an attorney for advice and guidance in the trademark registration process, only to find that their attempt to cut costs in the short run actually cost them significantly more in the long run, both in terms of time and money. When you are attempting to register a trademark, there is simply no substitute for the assistance of an experienced trademark attorney or team of trademark attorneys.
Like many courts and other government agencies, the USPTO provides forms and brief instructions for people who wish to search or register a trademark. The availability of online forms, however, does not mean that an applicant should complete the forms without the guidance of an attorney. On the contrary, the USPTO encourages applicants to seek the assistance of an attorney by noting “a private trademark attorney (not associated with the USPTO) may help you avoid many potential pitfalls.” Keep in mind that every trademark application filed with the USPTO must pass through an exhaustive review process completed by U.S. government examining attorneys. A single flaw or error made by an applicant may cause the examining attorney to deny the entire application.
Testimonials From Our Trademark Clients
“I recently opened a little cafe in NYC. It’s my first business so it was a bit of a learning curve for me. I found Gerben Law Firm via this wondrous internet and a few clicks and phone calls later I had set the wheels in motion toward getting my trademark. Josh was very patient with me even though I had very little understanding of how trademarks really work…He walked me through the whole process & I’m happy to say that my trademark application with the USPTO has now been filed! It’s exciting & my fingers are crossed for some good news down the line! Josh has been a pleasure to deal with, and it was helpful for me to have clearly-defined (and affordable) legal fees in advance so I could budget properly! I wouldn’t hesitate to use Gerben Law again for any future trademark needs. A+ “
— Jennifer Sharkey
“Josh is an amazing resource for my small and growing company. His rates are the lowest I’ve found and he’s also knowledgeable, well-spoken and no-nonsense. Definitely one of the top lawyers in intellectual property in the US.”
— Brian McDonough
“Josh was easily accessible and always available during the process. He would return emails mostly same day and at worse within 24 hours. Quite simply put Josh is able, available and affable and I fully endorse his services wholly and without reservation.”
— Samer Choksi
“I had applied on my own for a trademark and found I had some problems with it. I don’t remember how I came across Gerben Law Firm, but I felt the site to be very credible and inquired about what to do next. Not only did I get excellent advice and everything got handled very quickly and in no time had the trademark, but they had gone over and above expectations in explanation and helping me understand the process and making the right decisions.
I am interested in trademarking another company name and contacted the company again today and along with a very prompt response, was given very important advice that could save me from a possible loss of my company name in the future. This advice was to not trademark a name or change the name, thus not giving Gerben Law Firm any business and I still received excellent legal advice. I have the greatest respect for the integrity of Gerben Law Firm and the quality of their service. “
— Pamela Van Beekum
Trademark Attorneys Fully Committed to Helping Our Clients
When used and marketed properly, a trademark adds a tremendous amount of value to your business. Likewise, a successful trademark should ultimately increase profits. Protecting your trademark, therefore, should be of the utmost concern. Creating and nurturing a trademark to the point of successful brand recognition does little good, however, if someone else can use a similar trademark without suffering consequences. Therefore, if another company infringes on your trademark, you need to know that you can protect your trademark and the success it has brought to your business. As a trademark attorney, I know how valuable a trademark can be to your business. More importantly, I understand that your ability to protect and defend your trademark in the future will, more often than not, depend on the thoroughness of your original trademark search and registration. Gerben Law Firm’s trademark attorneys will empower you to increase the value of your business through the success of your trademark. The first step toward that goal is registering your trademark using Gerben Law Firm’s ONE-ON-ONE™ trademark search and registration service.
As a business owner, both time and money are valuable to you. I founded Gerben Law Firm with the goals of saving my clients both time and money when it comes to anything trademark related. The trademark registration process can be very time- consuming without the assistance of an experienced attorney. I will ensure that your application moves through the process expeditiously and without unnecessary delay. Furthermore, by ensuring that your application is completed properly, your business will be spared significant legal expense down the road. A poorly drafted trademark application, for instance, can leave your trademark exposed to the possibility of trademark infringement claims by the owner of an existing trademark, or can leave you vulnerable to a competitor infringing on your trademark. Either of these scenarios can lead to lengthy litigation, mounting legal fees, and unnecessary risk to the success of your business.
I understand how critical each piece of information is that is provided in your trademark application. This knowledge makes me aware of the legal consequences of erroneous, incomplete, or missing information. Keeping in mind the possibility of future attempts to use, copy, or mimic your trademark by competitors, I will draft your trademark application so that you are granted the broadest possible legal rights to your trademark to prevent a competitor from using a similar trademark.
One of the most important benefits to retaining my trademark registration service is often realized after your trademark application has been filed. Despite exhaustive research and meticulous preparation, your application could spark a question or initial rejection in the form of an “Office Action” from the USPTO. Although this not uncommon, it should still be taken seriously by the applicant. How an applicant responds to an Office Action is crucial to the final outcome of the trademark application.
Sometimes, an application is denied even after the Office Action response has been submitted and considered by the USPTO. When this is the case, the applicant will receive correspondence from the U.S. Government’s staff trademark attorney explaining the reason for the rejection. Appeal to the USPTO’s Trademark Trial and Appeal Board is the next step for an applicant. However, this can be a difficult hurdle for an applicant who is not represented by a competent and committed trademark attorney. At this stage, the legal argument set forth in the Office Action response must be powerful enough to convince agency officials that your argument is superior to the argument presented by the USPTO’s trademark attorney. Having me on your side at this point will ensure that you are not forced to turn back after coming so far in the application process simply because you lack the legal background and skills required to defend your application.
Having an experienced trademark attorney on your side throughout the entire trademark search and registration process will save you time in the short run and money in the long run. Moreover, it will provide you with peace of mind knowing that you can rely on your attorney to submit a thorough application and defend that application should the need arise. When I am that attorney, you will also enjoy the benefit of working one-on-one with your attorney during each phase of the application process, maximizing the potential for a successful application.
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