*Please note that while Gerben Law Firm is not located in Texas, it can assist businesses from Texas in registering a federal trademark because it is a federal matter.
Gerben Law Firm was established in 2008 by trademark attorney Josh Gerben. Since that time, the experienced attorneys at Gerben Law Firm have successfully registered thousands of trademarks for businesses of all sizes, in all 50 states, including Texas. Whether you are opening a sub shop near Six Flags or you are expanding your landscape design firm outside Grand Prairie, Gerben Law Firm is here to provide you professional trademark representation.
Federal Trademark Registration for Your Arlington Business
Top 5 Questions Arlington Businesses Have About Obtaining and Protecting 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?
- 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 Law Firm 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 Misunderstandings about Filing Trademarks for Arlington Businesses
- 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.
The Number of Trademarks Registered by Arlington Businesses (by Year)
How many trademarks have Arlington, TX businesses registered over the years? Gerben Law Firm collected the following data.
||# of Trademarks Registered
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer to Clients
Additional Information on Trademark Registration for Arlington Businesses
It’s an exciting time to start a new business in Arlington, but don’t forget to protect yourself, your brand and your business through a trademark search and registration. Some business owners, in an effort to save time and money, do a quick Google search to determine that their trademarks are available and move forward without hiring an attorney, conducting a comprehensive trademark search, or registering their mark with the USPTO. While this DIY approach seems to save time and money upfront, it could end up costing much more in the future.
Consider this scenario: Colton has decided to leave his current tech job and follow his dream to develop an app to schedule and find pickup sports games in the area users live. He chooses the name Team Up and does a quick search of other sports related apps on his phone. Not seeing any competitor by the same name, he assumes he’s free to use the name he’s chosen.
A proper search conducted by a trademark attorney would have revealed another app by the same name that, while not up and running yet, has obtained trademark registration. This app was designed to help parents find sports programs in their area, and although the premise is slightly different, there is enough cause for confusion. Colton receives a cease-and-desist letter just weeks after his app goes live, and now he must halt downloads while he rebrands his business, which costs him both time and money. If you are wondering whether or not you should hire a trademark attorney, call Gerben Law Firm to learn more about the services we offer.