Burlington Trademark Registration

Trademark Attorney Services for Your Burlington Business

Office Location: 1233 Shelburne Rd, Suite 203, South Burlington, VT 05403 | 802-448-2403

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 Burlington-based Businesses

Gerben IP was founded by trademark attorney Josh Gerben in 2008. Since that time, Gerben and his experienced team have helped thousands of clients register their trademarks for a reasonable, flat rate. We work with individuals and business owners across the country, with an office now in Burlington. Whether you plan to open a daycare center in town or expand your site development firm down the road in Montpelier, Gerben IP is ready to assist you.


How many trademarks are filed each year by businesses in Burlington, Vermont?

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

Year# of Trademarks Filed
2021150
2020147
2019135
2018133
2017139
2016135
2015143
2014127
Year# of Trademarks Filed
2013151
2012148
2011106
2010102
200974
2008105
2007113
2006125

Why is trademark registration important for B-Town business owners?

Burlington is a thriving community of innovators and entrepreneurs. If you plan to open your own business in Vermont’s Queen City, don’t forget to protect your valuable brand and its reputation through trademark registration

Consider this scenario: Megan is a mom to kids with food allergies, so she’s had to learn to make some of their favorite foods herself. Over the years, friends and family have loved her allergy-free treats, and their enthusiasm motivates Megan to start selling her treats to the public. She starts out selling her items at farmer’s markets in Burlington and Montpelier, using the business name Safe2Serve. She’s heard of trademark registration but decides her business is just too small to justify the costs. 

Safe2Serve sees so much success that Megan is asked to sell her products in bakeries and restaurants across Vermont, but just before she signs a contract to get her treats in stores as well, she learns some devastating news. Another business in Albany, New York also sells allergy-friendly desserts under a confusingly similar name, Safe Serve. Since the Albany business name is registered with the USPTO, its owners are well within their rights to ask Megan to stop using the name that has helped build her reputation in Vermont. Now she must stop business to focus on rebranding.

Even small businesses like Megan’s can benefit from trademark registration. Contact Gerben IP today to learn more about our reasonable, flat-rate registration services.

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

Do I have any trademarks?

If you’ve created a product or own a business, you have trademarks. A trademark is anything that represents your brand in the marketplace, including business and product names, logos, slogans, colors, and even sounds or smells. If you are unsure about what aspects of your business would benefit from trademark registration, Gerben IP can assist you.

Why should I register my trademarks with the USPTO?

You’ll have some common law rights to your mark as soon as you use it in public, whether it’s registered or not, but these rights are limited, and they may not be enough to protect your business. For example, you’ll only be protected in the small geographic area where your business is based, so if you plan to expand your business outside of Burlington in the future, you may find that you’ll be prohibited from using your mark in certain markets where similar marks are already in use. You’ll also have a more difficult time asserting your trademark rights in legal proceedings, and you won’t be able to sue an infringer for damages. In order to have the presumption of validity nationwide, you’ll need to register your trademark with the USPTO.

When should I start the trademark process?

As soon as possible! Ideally, trademark registration should be one of the first tasks you undertake as a new business owner. Before you begin using your preferred mark on your products, signage, and marketing material, you should know that the mark is available for use and lock in some valuable trademark protections early on. When you begin the process to register your mark, you’ll conduct a comprehensive trademark search, which will alert you to confusingly similar marks that are already in use. The day that you submit your trademark application to the USPTO will also become your priority date. Anyone looking to register a similar mark after that date will not be approved. Gerben IP can assist you in starting the registration process today.

Why do trademark applications get rejected by the USPTO?

A trademark application may be rejected for a number of reasons, the most common being that a confusingly similar mark is already in use. Your application will also be rejected if it includes generic or descriptive words (like “Good Tacos” or “Hot Pizza”), or if you don’t respond to Office Actions within six months. Working with a trademark attorney will help you avoid these common pitfalls, and it may increase your likelihood of approval as well. A study conducted by the University of North Carolina found that trademark applications submitted with the assistance of an attorney were up to fifty percent more likely to be approved.

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 Burlington, VT.

It’s no big deal if I make changes to my logo. It will still be protected.

Your logo will only be protected as it appears in your trademark application. It’s not unusual for a business owner to update colors, fonts, or designs in a logo over time, but it’s important to know that the updated mark may not be protected in trademark disputes going forward. If you update your logo or any other registered trademark, you’ll need to register the new trademark with the USPTO as well.

I should register for as many trademark classes as possible.

This may seem like a good strategy to obtain the broadest protections possible, but it’s not advised. One reason is that you’ll only be able to obtain registration in classes where you are currently offering the good or service or plan to in the very near future. In addition, filing fees are determined based on the number of classes included in the application. Registering for many classes, then, will increase the overall cost of registration. If you are unsure about which trademark classes to include in your application, Gerben IP can assist you. We put together a great video on the explanation of trademark classes.

My competitor hasn’t registered their business name, so I can register it for myself.

The United States is a first-to-use country, so your competitor likely has some trademark protections, even if the business name is not registered with the USPTO. Work with a trademark attorney to learn more about the availability of your preferred mark before you submit your trademark application. Alternatively, learn more on our blog about how to register a trademark.

The USPTO will do a trademark search once I submit my application, so I don’t need to do one myself.

Once you’ve submitted your application and paid your filing fees, an examiner from the USPTO will be assigned to your application. While the examiner will conduct their own investigation, your application will be rejected and your filing fees lost if a confusingly similar mark is already in use. Instead, work with a trademark attorney to conduct a comprehensive trademark search prior to submitting your application to the USPTO. If a similar mark is already in use, you can make the needed changes to your application before it is submitted.

As long as I renew my trademark on time, my trademark protections will never expire.

Renewing your trademark with the USPTO is a critical part of maintaining your protections, but it’s not the only factor. You must also continue to use your mark in public. A lapse in use could result in cancellation of your trademark registration.

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

Helping Our Clients Succeed

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.Ellisa BennettEllisa Bennett ★★★★★ Josh and the team have been very easy to work with! We got all the trademarks we wanted, for the agreed fixed price with no hastles or unexpected costs. Great value for money. The team is very professional and friendly to work with!TRAINING DAYTRAINING DAY ★★★★★ Hands down the most knowledgeable and reputable IP law firm.Martin BeardshallMartin Beardshall ★★★★★ An excellent service provided by Josh and his team.Would heartily recommend, especially to those that have little or no knowledge of the US trademark and IP laws.johnny runnerjohnny runner ★★★★★ Terrific firm to work with! Process was straight forward, smooth, and efficient. Everything was completed on time, and in order. Very happy to have found them. Would definitely recommend to anyone else needing a top IP firm!js_loader
Gerben IP

Contact our office in
Burlington, Vermont

1233 Shelburne Rd, Suite 203
South Burlington, VT 05403

802-448-2403

Back to top