*Please note that while Gerben Law Firm, PLLC is not located in Colorado, it can assist businesses from Colorado in registering a federal trademark because it is a federal matter.
If your business is seeking assistance with a federal trademark matter, the attorneys are Gerben Law Firm are happy to assist. In 2008 Gerben Law Firm was created by trademark attorney Josh Gerben to provide top shelf legal services at fees that makes the services accessible to small and large business alike. Since opening its doors, Gerben Law Firm has registered thousands of trademarks for its clients. Josh Gerben and the experienced attorneys at Gerben Law Firm are ready to assist you and your business with your unique trademark needs.
Gerben Law Firm is based in Washington, DC, however, the trademark firm assists clients all across the country, including from Aurora. With competitive rates and individualized service, Gerben Law Firm’s attorneys pride themselves on providing cost-conscious legal services which deliver quality results.
Federal Trademark Registration For Your Business
Top 4 Questions about Obtaining a Trademark
- Are sales to friends and family sufficient to establish trademark “use”?
- In order to meet the “commercial use” requirement under U.S. Trademark law, you must have regular sales of your product bearing the trademark to real customers. Simply selling products to friends and family will not establish valid trademark “use.”
- Is there a set rule as to how close my trademark can be to a competitor?
- There is never any bright-line rule as to how close your trademark can be to a competitor’s, but, in general, the best trademark for your business will be unique and distinct from all others in the industry. If you heavily invest in a mark that is similar to a competitor, you may be risking a lawsuit. In addition, if your trademark does not allow you stand out from your competitors you may find that this creates difficulties from a marketing perspective.
- What is the strongest type of trademark?
- The strongest trademarks are typically words with no connection to the goods and services being offered (or words that are completely made up). For example: Kodak, Google, Apple—none of these words are related to the goods and services that are provided. These trademarks are strong because consumers had no pre-existing connection to the words. While these trademarks require more time to get off the ground from a marketing perspective, the long term reward is very significant (given the ability to heavily enforce the trademark.
- How long does a trademark last?
- A trademark can last forever. The requirements to maintaining a trademark is to continuously sell goods and/or offer services under the trademark. A trademark registration in the United States can also last forever, but must be renewed between the 5-6 year, the 9-10 year and every 10 years after that.
Common Misconceptions about Filing Trademarks for Aurora Businesses
- Someone has already trademarked every word out there.
- Trademark rights are not infinite – they are limited to specific distinctive words, phrases, logos and other identifiers for specific goods and services. If someone is protecting a word for motor oil, then someone else may likely be able to use it for snack food. However, a competitor cannot use a distinctive trademark that is confusingly similar to an existing trademark for related goods and services.
- You cannot trademark a design on jewelry.
- Trademarks come in all shapes and sizes. This can even include decorative designs like those found on jewelry. If there is a specific feature of a piece of jewelry that shows it belongs to a specific company or specific line, it can act as a trademark even if it doesn’t literally have the company’s name on it.
- My United States trademark registration is valid in other countries.
- Trademark rights are limited to specific countries (one exception is the EU, which offers a European Union-wide trademark registration.) Your U.S. trademark registration, alone, will not give you any rights in the trademark in other countries. You should seek trademark protection in important sales and production locations.
- I can file multiple logos in one trademark application.
- You must apply for the exact logo you are using (or intend to use) and can only file one trademark per application. If the logo you submit does not match the pictures you submit of your product or advertisements for your service, the USPTO will reject the application.
The Number of Trademarks Registered by Aurora (by Year)
How many trademarks have Aurora, Colorad businesses registered over the years? Gerben Law Firm 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 in Aurora Businesses
Aurora, Colorado is home to a wide-range of entrepreneurs looking to turn their idea into a multi-million dollar business. Every savvy business owner knows that her brand and marketing is one of her company’s most important assets. Businesses can protect those important assets through trademark law to help ensure that they are spending their time and money promoting their brand, not mired in legal disputes. By proactively protecting their trademarks, business owners can focus on running their business and building their brand.
One of the first steps to protecting a brand is having an experienced trademark attorney perform a comprehensive search. A comprehensive search looks at prior registered and un-registered trademarks that could prevent a business owner from registering, or in some case even using, her trademarks within her industry. Once the business owner knows the risks, she can make an informed decision moving forward.
Once a business owner knows her risk level, it’s time to evaluate. If it’s a high-risk mark then there are several potential issues. The business owner may be denied a federal registration. She may also be competing for keyword advertising, search engine positions, social media names and domain names with owners of similar marks. The owner could also face a lawsuit or other enforcement which may force her to change her name and re-brand.
Once the business owner is comfortable moving forward, the next step is to register the trademark (or trademarks) with the United States Patent and Trademark Office. The federal trademark registration process can be fraught with pitfalls and set-backs. By using an experienced attorney, business owners may be able to avoid many of these delays and gain federal protection for their trademarks. A federal registration gives the owner nationwide priority over subsequent uses of a similar mark for similar goods and services. It also acts a presumptive proof that the registration owner is the actual owner of the trademark. It means that competitors are presumed to have “heard of a registered mark” before choosing one that could be confusingly similar.
The registration process can be long – it will take a minimum of nine months to secure a federal trademark registration. However, once you file, the government will review the application before any subsequent applications. In 3-4 months, the government attorney will provide his or her objections to the application (if any.) In 6-8, the owner will know if third parties have objected to the registration. In 9-12 months, if no objections are lodged with the USPTO, the trademark application will register.
Trademark protection does not stop at registration. Once the trademark is registered, the trademark owner must diligently protect its mark against confusingly-similar trademarks. By effectively protecting a trademark, business owners in Aurora can build their brands and avoid needless legal and marketing set-backs.
Get additional help on choosing the right trademark attorney at Gerben Law Firm.