Trademark Attorney Services for Your Austin Business

The top 5 questions Austin 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 company. It can protect words, colors, sounds, names, and even symbols. Once a federal trademark registration is obtained, the owner has presumption of validity on a nationwide basis. Trademarks can be renewed indefinitely, as long as the goods or services associated with the trademark are still offered.

When should I start the trademark process?

Obtaining a federal trademark registration for a business, product, or service name should be considered an urgent matter. The filing process should ideally begin as quickly as possible because the filing date of an application is the federal priority date for the trademark (so long as it is ultimately approved for registration on the Principal Register). In addition, a trademark search should be completed before a business owner decides on a name and branding concept. You don’t want to create marketing material and begin promoting your business under a name that you later find out infringes on someone else’s trademark. As mentioned above, if a trademark search does not show any conflict, it is important for you to file a trademark application as soon as possible. The date in which you file this application becomes your priority date for the trademark nationwide.

Why should I hire a trademark attorney?

It is understandable that money can be tight at the start of a new business. Because of this, many individuals and small businesses often try to navigate the trademark process on their own. However, filing for a trademark registration can be much more time consuming and detailed than it seems. At Gerben IP, we’ve assisted many clients over the years, many of whom spent more money working with us to fix and re-file their trademark applications than they would have if they’d hired us initially. By hiring an experienced, professional trademark attorney from the beginning, you will be saving time, stress, and most importantly, money.

Does hiring a trademark attorney increase my chances of approval?

A study by the University of North Carolina found that trademark applications submitted with the help of an attorney are 50% more likely to be approved by the United States Patent and Trademark Office (USPTO). The results of this study are not surprising to us as trademark attorneys. There are many chances for mistakes in the process for an individual completing a trademark application on their own. Trademark attorneys understand how trademark applications are reviewed by the USPTO, and, therefore can draft applications that conform to the standards that the USPTO examiners require.

Is my trademark kept secret while the USPTO reviews it?

All trademark applications are public records. These, along with responses to and from the USPTO will be posted to the United States Patent and Trademark Office’s website daily.

Common misperceptions about trademarks heard around Austin, TX.

Trademarks, copyrights, and patents are essentially the same thing.

Trademarks, copyrights, and patents are not interchangeable terms. Trademarks protect items such as product/service names, company names, slogans and logos. Copyrights, however, protect works of authorship, and patents are filed to protect inventions.

I do not need permission to register a trademark with a public figure’s name in it.

Written and signed consent is required by the USPTO for any use of a living person’s name in a trademark application. Each year, countless trademark applications using the names of public figures, including celebrities and politicians, are denied by the USPTO.

I registered my trademark before a competitor who had been using a similar unregistered trademark before me. I am the rightful owner and can pursue action against my competitor.

Federal trademark rights are extremely valuable, however, unregistered trademarks still have “common law” rights. These rights are much more limited, but if you knew that a competitor was using a similar mark, you could be infringing, regardless of registration status. You should certainly seek the counsel of a trademark attorney in such a situation.

I did an internet search for my trademark, so I do not need a trademark search done by an attorney.

The software available on any website (the USPTO’s or any other private company/law firm) is very limited when it comes to the ability to find a conflicting trademark. Most (if not all) of these search engines are unable to identify similar trademarks (they only pull identical matches to your name). Most trademark issues come from a trademark that may be similar in sight, sound, meaning, and commercial impression. A trademark attorney that uses a professional grade software can provide you with a much better assessment of your trademark than you can by conducting an internet search.