*Please note that while Gerben Law Firm is not located in New York, it can assist businesses from New York 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 clients across the country, including Buffalo. Whether you are looking to expand your business in Kenmore or you want to sell your handmade goods in Elmwood Village, Gerben Law Firm can provide you professional federal trademark representation.
Federal Trademark Registration For Your Business
Top 5 Questions Buffalo Businesses Have About Obtaining a Trademark
- What is a trademark?
- A trademark shows that a product or service is associated with a specific business or brand. It can protect names, logos, symbols, and even sounds. Once you obtain a federal trademark, other entities with similar products or services will not have a right to the mark.
- When should I file my trademark application?
- Ideally, the process to register a trademark should be one of the first things to consider when starting a business or launching a new product. Before you decide upon a name, slogan, or logo, it’s best to work with a trademark attorney to conduct a trademark search. This will help ensure that your brand will not infringe on a competitor. In addition, the date you file your trademark application will become your priority date nationwide. This means that another business will not be able to register a similar mark after that date.
- Why should I hire a trademark attorney?
- Money can be tight for new business owners, and in an effort to keep costs down, many individuals and small businesses try to manage the trademark process alone. Filing for a trademark registration, however, is a detailed, time consuming process. Over the years, Gerben Law Firm has worked with many clients that have attempted the do-it-yourself approach, only to spend more to fix and re-file the application later on. By hiring an experienced, professional trademark attorney from the beginning, you will save both time and money in the long run.
- Can the ownership of a trademark be transferred from one person to another??
- Yes. All trademarks can be sold or assigned. With that said, there are special considerations that needs to be made to ensure the transfer of ownership of a trademark is done correctly. A trademark attorney at Gerben Law Firm can assist you with navigating this process.
- What is the USPTO?
- The United States Patent and Trademark Office (USPTO) is a division of the Department of Commerce. It reviews applications, then registers trademarks for products and services. The USPTO also grants patents for new inventions and maintains the records for trademarks and patents.
Common Misconceptions about Filing Trademarks for Buffalo Businesses
- I did an internet search for my trademark, so I do not need a trademark search done by an attorney.
- Whether you use an internet search engine or software available from another private company, the capabilities are very limited. Most of these search engines will only identify identical trademark matches. Most trademark issues, however, come from a trademark that may be similar but not identical. The trademark attorneys at Gerben Law Firm use professional grade software and search professions that have conducted thousands of trademark searches to provide you with comprehensive results.
- My competitor didn’t register its name or logo, so I can trademark it for myself.
- Even though the mark has not been federally registered yet, you may not be able to use it yourself. The United States is a “common law” country, meaning a person or business using a mark commercially may have certain rights to it, despite the fact that they have not registered the mark.
- I only need one trademark filing to cover all my trademarks.
- A trademark application will only cover a single mark. Companies usually have several registered trademarks. For instance, your business name, logo, and product name may each require their own distinct trademark. The attorneys at Gerben Law Firm can help you determine the number of trademark applications you should file to protect your business.
- Filing for a trademark is easy, so a “do-it-yourself” legal website is just as effective as hiring a trademark attorney.
- The process to register a trademark is typically not an easy one. From determining which marks need protection to identifying the correct classes, the process can be complicated. A trademark attorney will assist you in making legal decisions unique to your business and increase your chances of registering your trademark.
The Number of Trademarks Registered by Buffalo Businesses (by Year)
How many trademarks have Buffalo, New York 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 Buffalo Businesses
Buffalo has a long history of industry and entrepreneurship, and that spirit still exists throughout the region. Businesses are growing and thriving once more, and individuals are taking the leap into new ventures in the Buffalo area. As these businesses start and expand, it’s important to hire a trademark attorney to be sure that their brand and products are being protected.
Consider this scenario: Laura, a nutritionist in the area, has been working for years to perfect a natural protein powder for drinks and smoothies. Once she has a finished product, Laura creates a business and website to sell the protein powder. To save money, she opts to trademark only her business name, Niagara Energy, and uses a legal website to do so. She then begins to sell her protein powder, Niagara Power, on her site.
While Laura saved money filing for only one trademark, she soon learned of a gym in the area selling a supplement called Niagara Power. The cost to stop selling, rebrand the product, and update the website cost significantly more in the long run. If you plan to start a business, obtaining the proper trademarks is an important step to your business success. The experienced trademark attorneys at Gerben Law Firm will work with you to do a proper trademark search and be sure you have the protection you need. Contact us for a trademark consultation today.