*Please note that while Gerben Intellectual Property is not located in Virginia, it can assist businesses from Virginia in registering a federal trademark because it is a federal matter.
Trademark attorney Josh Gerben founded Gerben Intellectual Property in 2008, to provide professional trademark services to individuals and businesses of all sizes. Since then, Gerben and his team of experienced attorneys have registered thousands of trademarks for clients across the country, including the Arlington area. Whether you want to open a bakery in Falls Church or a boutique hotel near the airport, Gerben Intellectual Property is ready to assist you.
Federal Trademark Registration for Your Business
Top Questions About Obtaining a Trademark in Arlington
- What does a trademark do?
- A registered trademark will protect anything that represents your brand. Common trademarks include business or product names, logos, and slogans. Owning a registered trademark ensures that you can do business without infringing on an existing trademark. It will also protect your brand from infringement by other businesses and individuals. Read our overview process to learn more.
- Will working with an attorney help my chances of approval with the USPTO?
- Yes, working with an experienced attorney will likely increase your chance of approval. In fact, a study by the University of North Carolina found that trademark applications submitted with the help of a trademark attorney were up to 50 percent more likely to be approved. Working with an attorney also ensures the process runs smoothly from start to finish.
- How long does it take to register a trademark?
- The trademark registration process typically takes around 8 to 10 months to complete, though in some cases, it can take a year or more to gain approval from the USPTO. That may seem like a long period of time to wait for trademark protections. Fortunately, you will have some limited protections as soon as you submit your application. The day you file with the USPTO will become your priority date. Anyone looking to file a confusingly similar trademark after that date will not be able to register their mark.
- When will my trademark expire?
- As long as you continue to use the mark in public and meet renewal deadlines, your trademark will never expire. Failing to renew your mark, however, will result in trademark cancellation. For new trademarks, your first renewal will occur between the fifth and sixth year, then again between the ninth and tenth year. After that, you will need to renew your mark every ten years to maintain your registration.
- What should I do if I think someone is using my trademark without my permission?
- In order to maintain control of your brand, you must monitor your mark’s use and take action against infringement. If you find possible infringement on your mark, engage your trademark attorney, who can review the situation and determine the best action to take. In many cases, a cease-and-desist letter is enough to put the infringer on notice, but occasionally, your attorney may suggest more formal legal action.
Common Misunderstandings about Filing Trademarks for Arlington Businesses
- The USPTO will conduct a trademark search, so I don’t need to do one before I submit my application.
- After you’ve submitted your application and paid your filing fees to the USPTO, your application will be assigned an examiner, who will conduct a comprehensive trademark search. However, if the examiner finds that a confusingly similar mark is already in use, your application could be canceled and your filing fees lost. Avoid the wasted time and money by conducting a trademark search with the help of an attorney prior to filing your application. If a confusingly similar mark is found, you will be able to make changes without losing out on costly filing fees.
- I should register for as many classes as possible.
- As a trademark owner, it’s understandable that you’d want the broadest protections possible. However, registering for a large number of International Classes may not be the best idea. First, filing for multiple classes could be cause for rejection from the USPTO. Additionally, filing fees are based on the number of classes you file, so the more classes you include, the higher your filing fees will be. Instead, select only the goods or services you currently offer or plan to offer in the very near future.
- Another business is using the name I planned to trademark, so I am unable to use it.
- This may not be true in all situations. The USPTO will reject your trademark application if it could cause a likelihood of confusion with an existing mark. However, if your mark would likely not cause confusion for customers from the existing business, you may still be able to register the mark. For example, Dove Chocolates and Dove Soap were both able to register the trademark ‘Dove’ because consumers are unlikely to confuse the two brands. If you are unsure about the availability of a particular mark, Gerben Intellectual Property is able to assist you.
- I can make small changes to my trademark and still be protected.
- It’s common for business owners to make updates to their trademarks overtime. However, it’s important to know that your mark will only be protected as it appears in your trademark application. If you make changes to your mark, you must submit a new application to ensure your brand is protected. The 5 common mistakes include mark mistakes.
The Number of Trademarks Registered by Arlington Businesses (by Year)
How many trademarks have Arlington, VA businesses registered over the years? Gerben Intellectual Property collected the following data.
|Year||# of Trademarks Registered|
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Arlington Businesses
It’s always a great time to own a new business in Arlington. If you plan to open your own venture in this booming D.C. suburb, you are probably focused on finding a location, developing a product, and creating a marketing plan. While these are all essential to the future success of your business, don’t overlook the importance of trademark registration.
Consider this scenario: Jake has decided to start his own business repairing and installing garage doors for homes and commercial businesses in the Arlington and D.C. areas. He selects the name EZ Garage Systems and gets to work putting the name on everything from his truck to his website and marketing materials. Jake has heard of trademark registration, but he decides to wait until his business is more successful before he registers his business name.
After several months of successful business, Jake learns some frustrating news. A company in Maryland also uses the name EZ Garage Systems. They’ve recently begun expanding into D.C., but noticed customers confusing the two businesses. Because the Maryland owners registered their mark several years ago, they are well within their rights to ask Jake to shut down and rebrand. Not only will this cost Jake additional time and money, it could also cause him to lose clients to the other business.
If Jake had worked with a trademark attorney to begin the registration process early on, he could have avoided infringing on another business. Contact Gerben Intellectual Property today or click here to start the registration process.