Trademark Attorney Services for Your Arlington Business

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

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 misperceptions about trademarks heard around Arlington, VA.

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 IP 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.