Trademark Attorney Services for Your Arlington Business

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

What is a trademark?

A trademark indicates that a product or service is associated with a specific brand or business. Common trademarks include words, colors, and logos, but even sounds and smells can be protected through trademark registration. Obtaining a registered trademark will allow you to use the mark freely, without infringement from competitors.

Do I need to hire a trademark attorney?

Do-it-yourself options for trademark registration do exist, but they are not recommended. Filing for trademark registration is a detailed process, and many business owners taking the DIY approach end up needing to file and re-file multiple times before they gain approval from the USPTO. Working with an experienced trademark attorney allows you to focus on growing your business and increases your likelihood of approval. In fact, a recent study by the University of North Carolina found that applications submitted with the help of an attorney had a 50% higher chance of approval!

How long is the process to register a trademark?

The process typically takes around 8 to 10 months from start to finish, though in some cases it could take up to a year or more to obtain trademark registration. However, the date you file your trademark application will become your priority date, which means that another business or individual will not be able to file a similar mark for related goods or services after that date.

What are International Classes?

The United States Patent and Trademark Office, or USPTO, indicates 47 different groups of goods and services known as International Classes. Depending on the goods or services you plan to offer, you may register for one class or several classes. If you are unsure about which classes best match the goods or services you plan to offer, the experienced attorneys at Gerben IP can help.

Does my trademark protect me outside the United States?

The legal protections provided to registered trademark owners are valuable, but they only protect you in the country where you registered. If you do business outside the United States, either through sales, distribution, or manufacturing, you should strongly consider registering your mark in other countries.

Common misperceptions about trademarks heard around Arlington, TX.

I registered my trademark with the State of Texas, so I don’t need to register with the USPTO.

Registering your trademark with the State of Texas won’t hinder your trademark protections, but you will only be protected within the state. While the process to apply for a federal trademark is more complicated, it will provide more comprehensive protections of your mark and give you the presumption of validity in all 50 states.

I should wait to register my trademark until my business is established.

Before you invest both time and money into your new business, be sure that your investment will be protected. Ideally, you should begin the process to register a trademark before you officially choose a name, create a logo, or brand your products. Waiting to begin this crucial process could mean that you might unknowingly infringe on another brand’s mark, which could result in costly changes and legal fees.

I should trademark my logo but copyright my business name.

A trademark is anything that represents your company, whether that is a logo, business name, or slogan. A copyright, on the other hand, will protect works of authorship, including songs, poetry, novels, or art. Both your logo and your business name should be protected through trademark registration.

The symbols “TM” and “®” mean the same thing.

The trademark registration symbol ® indicates that your trademark has been federally registered. You are allowed to use the ™ symbol until your trademark application has been approved by the USPTO. Using the ® symbol prior to gaining approval is a violation of federal law in the U.S., and could be grounds for rejection of your application.