*Please note that while Gerben Law Firm, PLLC is not located in Massachusetts, it can assist businesses from Massachusetts in registering a federal trademark because it is a federal matter.
Gerben Law Firm was founded in 2008 by trademark attorney Josh Gerben. Since that time, Gerben and his team of experienced attorneys have registered thousands of trademarks for clients across the country, including the Boston area. We work with individuals and businesses of all sizes. Whether you plan to open a salon in Brighton or you are expanding your car dealership in Watertown, Gerben Law Firm can assist you in registering your trademark.
Federal Trademark Registration for Your Business in Boston
Testimonials from our Clients in the Boston Region
“I agree with the other testimonials about Josh Gerben. In fact, I was wondering what else could be said that was not already mentioned. So, I had to really think about it. What really stood out for me second to the trust I felt about using his service and his volumes of experience was his kind and gracious personality. He never made you feel like a number despite his busy schedule and was available to answer your questions himself. I always felt I was talking to a real down to earth person as well as a highly trained expert in the field of trademarks. For me, this kind of professionalism combined with personable service speaks volumes making it a joy to have him on my team.”
– Teriann Rafal
Founder of Ztarf Arts LLC – Boston, Massachusetts
Top 5 Questions Boston Businesses Have About Obtaining and Protecting a Trademark
- • How does having a registered trademark protect me?
- o A trademark registered by the USPTO comes with valuable protections for your business. One of these protections is the presumption of nationwide validity, which means that your registered trademark is protected from infringement in all 50 states. If you find potential infringement, you will have the legal right to take action. In addition, anyone looking to register a similar trademark after your application is filed will not be approved.
- How long is the trademark registration process?
- The process to register a trademark in the U.S. usually takes around 8-10 months, though in some cases, it may take a year or more to be approved by the USPTO. Fortunately, some protections are established on the day you submit your application. That date will become your priority date, which means that anyone looking to file a similar trademark after that date will most likely not be approved.
- Should I wait until my business is more established to register my trademark?
- In short, no. Trademark registration should actually be one of your first tasks as you plan to start your business. In fact, it’s wise to begin the registration process before you decide upon a name, create a logo, and begin to develop your brand. Waiting until your business is established could result in finding out that you are infringing on an existing trademark, which could be a costly mistake.
- Does hiring a trademark attorney increase my chance of approval?
- Working with a trademark attorney does, in fact, increase your chances of approval. In fact, a study by the University of North Carolina found that trademark applications submitted with the help of a trademark attorney increased the likelihood of approval by up to 50%! You’ll also experience a smooth, efficient, professional process from start to finish.
- What is the USPTO?
- USPTO stands for United States Patent and Trademark Office. This office is a division of the Department of Commerce which reviews applications for trademarks and patents, then registers trademarks for products and services and grants patents for new inventions. They also maintain the records for trademarks and patents. They do not, however, enforce trademark rights. That responsibility falls on the trademark owner.
Common Misunderstandings about Filing Trademarks for Boston Businesses
- The terms trademark, copyright, and patents can all be used interchangeably.
- Trademarks, copyrights, and patents provide protections for very different things. Trademarks protect anything that represents a brand, including business names, logos, and slogans. Copyrights protect works of authorship like music and art, and patents protect inventions. Work with an experienced trademark attorney to determine which aspects of your business need protection through trademark registration.
- I can’t afford to register my trademark.
- It’s understandable to be concerned about costs as a business owner, but, in many cases, you can’t afford not to register your mark. You’ve likely invested much of your time and money into your business, so you want to be sure that your brand is protected. Failing to register can leave you open to possible infringement, which could cost much more in rebranding and legal fees later on.
- My competitor didn’t register his trademark, so I can trademark it for myself.
- The United States is a first-to-use country, which means your competitor may have certain rights to the mark just by using it in the marketplace. Work with an attorney to determine whether the trademark you wish to register is available.
- The USPTO conducts a trademark search, so I don’t really need to do one myself.
- The UPSTO does conduct a trademark search after you’ve submitted your application and paid your fees. If the examiner finds a similar mark exists, your application could be rejected and your fees lost. It’s important to conduct a search before you submit your application to be sure that your mark is not already in use. If you find a confusingly similar mark, you can make necessary changes before filing fees are paid.
The Number of Trademarks Registered by Boston Businesses (by Year)
How many trademarks have Boston, MA 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
Additional Information on Trademark Registration for Boston Businesses
Boston is a vibrant city with an entrepreneurial spirit. As new businesses pop up in and around the city, it’s important to work with a trademark attorney to register your trademark. From performing your trademark search to submitting your application and enforcing your trademark rights, an experienced attorney will help ensure your brand is protected.
Imagine a group of friends invest in an old building near their alma mater, Boston College, which they hope to turn into student apartments. They decide on the name Village Lofts—a name not being used in the Chestnut Hill area—and get to work buying signage, branding the lobby, and advertising on local rental websites. They know they should look into U.S. trademark registration, but decide to wait until they have rental income coming in.
Unfortunately, the friends run into legal issues before students even move in. Because they chose not to register their trademark, they didn’t know they could be infringing on another rental business by the same name near Tufts University on the other side of the city. Now they will need to invest more time and money changing their name and creating new marketing material.
By working with an experienced trademark attorney, any business, big or small, can feel confident to grow and invest in their business without the risk of infringement. Contact Gerben Law Firm today to learn more about our trademark registration and monitoring services.