Trademark Attorney Services for Your Albuquerque Business

The top 5 questions Albuquerque businesses have about obtaining a trademark.

Why should I register my trademark with the USPTO?

The United States is a first-to-use country, which means that you will have some trademark protections simply by using the mark. Those protections, however, are extremely limited.

For example, common law trademark protections only cover disputes that arise in the small geographic region the business in located. This means that if you wish to do business outside the Albuquerque area, your mark may not be protected.

It is also more challenging to take legal action against potential infringement without a trademark registration. In order to fully protect your trademark and your brand, you should register your mark with the USPTO.

How is a trademark different than a copyright?

A trademark protects anything that represents a product or service from a specific business. Common trademarks include words, logos, or slogans.

Copyrights, on the other hand, protect works of authorship like music, books, and artwork which do not represent a specific business.

When should I file my trademark application?

Start the process to register your trademark as soon as possible. Ideally, trademark registration should be one of the very first actions you take in starting your business. 

Conduct a trademark search before you decide upon a name, logo, or slogan. While finding out that you are infringing on another business’s mark can be frustrating, it’s best to learn this before you hang your sign, label your products, and begin to market your business.

If a trademark search shows that no one is using a confusingly similar mark, you should file as soon as possible. This is because the date you file your trademark application becomes your priority date nationwide, meaning that anyone that files a similar mark after you will be denied.

How do I decide which international classes to select?

Selecting which classes to file is one of the many challenging legal decisions that need to be made throughout the registration process. There are 47 classes to choose from, and it’s not always easy to determine which classes match the products or services you intend to represent with your mark. It’s helpful to work with an experienced trademark attorney to decide which classes for which to file.

How long does a trademark last?

A federally registered trademark will never expire, as long as you continue to use it and meet renewal deadlines set by the USPTO.

For new trademarks, the first renewal will take place between the fifth and sixth year, and then again between the ninth and tenth year. After that, renewals will occur every ten years.

However, if you miss a renewal deadline, your trademark could be cancelled.

Common misperceptions about trademarks heard around Albuquerque, NM.

The terms trademark, copyright, and patents can all be used interchangeably.

Trademarks, copyrights, and patents do not provide protections for the same things. Trademarks protect items like business names, slogans and logos. Copyrights, on the other hand, protect works of authorship, while patents protect inventions.

Work with an experienced attorney to understand which types of protections your unique business needs.

I should register for as many classes as possible and include as many goods as I can think of.

Your trademark application should be narrowly tailored to the goods and services you currently offer or plan to offer in the near future. By registering for too many classes, you could risk cancellation from the USPTO for lack of use. You’ll also spend more money than needed when submitting your application.

After my trademark has been registered, the USPTO will notify me of any potential infringement.

The USPTO registers trademarks, but they do not monitor the exclusivity of their use. That is the responsibility of the trademark owner. Many trademark attorneys, however, offer monitoring services to assist you in this effort.

If you find potential infringement, it’s important to take action to stop it. Often, a cease-and-desist letter is all that is needed to put an infringer on notice, but in some cases, more formal legal proceedings may be needed.

I Googled my trademark so I don’t need to do a comprehensive search.

Online searches typically only reveal exact matches to your trademark. Unfortunately, most trademark disputes don’t arise from exact matches, but rather from any mark that might cause a likelihood of confusion in the marketplace.

A comprehensive trademark search conducted by a trademark attorney will reveal not only exact matches, but similar matches to your business name, logo, slogan, or even color scheme.