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Atlanta Trademark Registration

Trademark Attorney Services for Your Atlanta Business

Welcome to Gerben IP

We have been assisting entrepreneurs, established businesses and other lawyers with trademarks since 2008. We are very proud of the fact that our firm’s representation has resulted in the successful registration of more than 7,500 trademarks with the USPTO.

Protect your trademark
with the assistance of
a trademark attorney
for a flat fee of:

$1,500

(Plus Government Filing Fee)

Providing Trademark Services for Atlanta-based Businesses

Please note that while Gerben IP is not located in Georgia, it can assist businesses from Georgia in registering a federal trademark because it is a federal matter.

Gerben IP provides professional trademark attorney services. In 2008, Josh Gerben founded Gerben IP to provide high-quality trademark search and federal trademark registration services to clients throughout the United States, including Atlanta. Gerben IP’s attorneys have the experience to represent individuals and companies on a variety of trademark and intellectual property services, having assisted clients in obtaining thousands of federal trademark registrations. Assistance with trademark monitoring, renewals, office actions, opposition proceedings, and litigation are also available.

While Gerben IP is based in Washington, DC, Gerben IP assists clients across the country, including from Atlanta. With competitive rates and individualized service, Gerben IP’s attorneys pride themselves on providing cost conscious legal services which deliver quality results.


How many trademarks are filed each year by businesses in Atlanta, Georgia?

Gerben IP collected the following data from the USPTO’s public database.

Year# of Trademarks Filed
20214892
20204845
20193853
20183881
20173558
20163317
20153762
20143282
Year# of Trademarks Filed
20132983
20123016
20113645
20102539
20092551
20082889
20073376
20062782

Why is trademark registration important for The Big Peach’s business owners?

Atlanta is a hotbed for business. In fact, thirteen Fortune 500 companies are headquartered in Atlanta, including Home Depot, UPS, Coca-Cola, and Delta Air Lines. While your Atlanta business may not be on the Fortune 500 yet, you can start by taking a play out of a Fortune-500 playbook by registering and protecting your trademarks. Even if you aren’t Delta or Suntrust (two very successful Atlanta-based businesses) you should consult an experienced trademark attorney to protect and register your trademarks.

Did you come up with a name you feel is unique and represents your business? That is a great first step. However, in order to protect your trademarks, you must effectively use your trademark and protect it against others using similar trademarks in related industries. An experienced trademark attorney can provide his or her expertise throughout the trademark registration process. From inspiration to registration, a trademark attorney can help you protect your company’s valuable trademarks.

As an example, consider a new dietary and nutrition supplements company that opens their headquarters and manufacturing facilities just north of I-70. The owners decide on the name “Igneous Nutrition,” and start producing supplements and vitamins. To save money, the owners skip the trademark registration process and purchase advertising instead. Failing to search and register their trademark could open the owners of Igneous Nutrition to significant trademark liability.

The first thing a business owner should do when protecting a trademark is perform a comprehensive trademark search to see if another company is already out there using a similar trademark. Imagine (using our example) the Igneous Nutrition owners spent a large portion of their budget on cool, holographic labels and for their supplement bottles. Consider what might happen if another company “Ingeous Supplements” registered the trademark with the U.S. government before Igneous gets started. The original business based in Florida could (and should) protect their “Ingeous Supplements” trademark, even though the trademarks are not “identical.” Ingeous Supplements of Florida could file a trademark infringement lawsuit in federal court against the Atlanta-based supplement producer and seek lost profits and other damages. In this situation, the Atlanta business would be faced with a choice no new business wants to face—change the name or face an expensive lawsuit. Worst, the cost of the name change would likely be the new business’s full responsibility. The energy the business devoted to marketing, labeling and otherwise raising awareness for their brand would be wasted. By contacting an experienced trademark attorney and conducting a trademark search, Atlanta-based Igneous Nutrition could have made an informed decision about their marketing. Looking at the big picture, consulting a trademark attorney can ultimately save money and allow a company to invest in their brand.

That being said, if you are the owner of the federal trademark, then you can (and should) stop competitors from selling similar products or services under a confusingly similar name. In fact, in order to maintain a strong trademark, you must diligently protect your trademark. The result of having a strong, protectable trademark means that a company like Igneous Nutrition can feel confident knowing that the money they spend on their marketing, customer service, and other important brand-building activities is not benefiting another company who decides to use a confusing trademark. Consumers would know that when they see “Igneous Nutrition” they are getting high-quality and safe supplements, not a cheap and potentially dangerous knock-off. By registering its trademark, a company can more easily enforce their rights against companies trying to piggy-back on their success.

Working with an experienced trademark attorney will give you a personalized road-map towards protecting your trademarks. By avoiding simple mistakes and selecting a strong, protectable trademark, you will be on your way towards the Fortune 500 with your Atlanta neighbors.

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

What is a trademark?

Trademark is typically a word or a logo, but it can be anything that uniquely represents your business, including product shapes, sounds, store layout, color schemes, even smells.

Is it necessary to hire a trademark attorney?

While hiring a trademark attorney is not required, seeking assistance from an experienced trademark professional can help the process run quicker, cheaper, and with less complications. It makes sense that many entrepreneurs want to handle the trademark search and registration process themselves, especially when funds are limited at the beginning of a new business or venture. However, this can end up costing you more in the long run, both financially and in time. In the worst-case scenario, you may invest a lot of money in your brand only receive a cease-and-desist letter followed up by costly litigation. At the very least, Gerben IP has seen time and time again individuals and businesses over the years who end up spending more money to have their trademark applications corrected and re-filed. By consulting with a trademark attorney from the very beginning, you can rest assured that things will be taken care of efficiently and properly.

When should I begin the process of registering a trademark?

You can register a trademark as soon as you are in the planning stages and can reserve rights for up to three years while you prepare to use the trademark. Gerben IP recommends starting the process as soon as possible after you’ve created the mark. The first step is a comprehensive search, which will uncover many of the existing marks that may interfere with your ability to register or use your trademark. If the search results come back clear, then Gerben IP will draft the application and follow-up with the U.S. government.

Do I have a higher chance of approval if I use a trademark attorney?

According to a recent study, yes. An experience trademark attorney has the expertise to guide you throughout the process without experiencing common pit-falls and mistakes. This means that your application will be filled out correctly and quickly, speeding up the process. A study by the University of North Carolina found that trademark applications submitted with the assistance of an attorney are actually 50% more likely to be approved by the United State Patent and Trademark Office (USPTO).

How does having a federal trademark registration protect me?

A federal trademark registration is a powerful tool in protecting your trademark. A federal trademark registration is proof that the United States government has reviewed your trademark and found that it is unique and distinct enough for your products and services to be recognized nationwide. It will prevent anyone after you from registering a similar mark for similar goods and services and it prevents anyone from another part of the country from claiming they “never heard of you” when selecting their trademark, giving you the ability to more easily stop them from using a confusingly similar trademark.


Common misperceptions about trademarks heard around Atlanta, GA.

The terms trademark, copyright, and patent all have the same meaning.

A trademark, copyright and patent are completely different forms of intellectual property and protect completely different things. A trademark is most commonly a name, logo, or slogan used on a product or with a service to uniquely identify the producer of that product or service. A copyright protects creative works of authorship, including things like books, t-shirt designs, etc. A patent protects a unique invention (or new process to create something.) Knowing the difference is important and a Gerben IP attorney can help you decide how to protect your IP.

I registered my trademark with the State of Georgia’s trademark registry, I do not need to do anything further.

Registering a trademark with the State of Georgia cannot hurt, but it does not give you the protection of a federal trademark registration. Obtaining a federal trademark registration is much more difficult than a state registration.. Moreover, if another company has already registered a federal trademark, or, acquired certain common law rights, a registration with the State of Georgia will not give you the right to use the name. The federal or common law rights may pre-empt any state registration you obtain.

I obtained a federal trademark registration, so I should be entitled to the domain name as well.

A domain name is important, but it is possible that two businesses in different industries can be using the same trademark and both have legitimate rights in a domain name. For example, Delta® airlines and Delta® faucets may both want to use “www.delta.com,” but only one will be able to (whoever registered it first or paid for it.) Unless someone is overtly acting in bad-faith to extort you for money or trying to confuse your customers, it can be very hard to take a domain-name from someone else. However, Gerben IP can help you develop a strategy for protecting your trademarks and potentially gaining control over a domain-name using your protected trademark.

I applied to protect my logo. That is enough to fully protect me.

You have the option of filing for a “word mark” or a “design mark” at the USPTO. A word mark protects the “word” itself in any design or font. A design mark protects the design that is submitted and any words as they appear in that design. This means someone else could register the same word using a very different design and you would potentially be forced to co-exist with that person, which weakens your trademark. Gerben IP recommends filing for a word mark whenever possible, with a second filing for a unique logo, where appropriate.

15+
Years of Experience
10,000+
Trademark Searches
Completed
7,500+
Trademarks Federally
Registered
5
Customer Service

Helping Our Customers Succeed

Scrub DudeScrub Dude ★★★★★ Very positive experience with Gerben IP. Love the automations they have setup and the diligence in which they handle our account.Natasha TarnovskayaNatasha Tarnovskaya ★★★★★ Exceptional services for several years now! Highly recommend!Sol María Díaz PérezSol María Díaz Pérez ★★★★★ This law firm is a true standout in their field, especially concerning our recent trademark request.Our assigned lawyer showed genuine interest in our business and crafted a robust trademark application that ensured comprehensive protection. Communication was prompt and clear, making us feel valued and well-informed throughout the process.We highly recommend their services to any business needing top-notch legal assistance.Abigail CarpenterAbigail Carpenter ★★★★★ We have worked with Gerben on multiple Trademark filings and are very happy with their work. They communicate clearly, do a great job of explaining the process, and always keep us up to date on the status of our filings.Autumn BitterlichAutumn Bitterlich ★★★★★ I am thoroughly impressed by Josh Gerben and his colleagues. They helped me through the detailed process of filing and my Trademark, which would have been an extremely stressful process for me to do alone. I could depend on them to contact me in a timely manner to keep all of the filings up to date, and CORRECT. I can't say enough positive about them. The whole team was quick to respond to my questions and made me feel secure in my choosing them.B DB D ★★★★★ Easy to work with. Did everything online.Got a Trademark and would recommend to others.js_loader

Do you need assistance with a trademark matter? Reach out to an attorney now.

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