Trademark Attorney Services for Your Chandler Business

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

What is a trademark

A trademark is anything that indicates a product or service is associated with a specific brand. Common trademarks include business names, product names, slogans, and logos. Once you’ve registered your trademark with the USPTO, you will be protected from infringement by other businesses. You’ll also be protected from infringing on other businesses. These valuable protections allow you to maintain control of your brand’s reputation in the marketplace.

Do I need to register my trademark with the USPTO?

The United States is a common law country, which means you’ll have some basic trademark protections as soon as you begin using it in the marketplace. However, these protections are extremely limited. For instance, you’ll only be protected in the small geographic region your business is located. If you plan to expand outside Chandler one day, you may be prohibited from using your mark in certain areas where a similar mark already exists. You’ll also face more challenges asserting your trademark rights in legal proceedings. In order to gain the presumption of validity nationwide, you need to register your trademark with the United States Patent and Trademark Office, or USPTO.

When should I register my trademark?

As soon as possible! Ideally, filing for trademark registration should be one of the very first things you do as you plan to open your business. Before you begin to use your mark and invest in signage, product labeling, marketing materials, and more, you’ll want to know that your mark will not infringe on another business. In addition, the date you file your application will become your priority date. Anyone looking to file a similar trademark registration after this date will not be approved by the USPTO. Failing to register your trademark with the USPTO could leave you vulnerable to infringement in the future, leading to costly legal fees or time-consuming rebranding efforts.

I do business outside the United States, as well. How do I protect my trademark in other countries?

Because your federally registered trademark will only protect your trademark in disputes that occur within the U.S., it’s important to register your trademark in any other country you do business. U.S. trademark owners have two options when filing trademark registrations internationally. The first is to file a trademark application directly with each country’s trademark office. The second is to utilize the Madrid Protocol, an international treaty allowing applicants to complete a single application in their home language. The completed application could be forwarded to any of the more than 90 member countries. Each country, then, would make its own determination about approval. Get More information on how to register internationally.

When can I begin using the ® symbol?

The ® symbol indicates that your trademark registration has been approved by the USPTO. Do not use this symbol until you’ve received approval, as it could be grounds for cancellation of your application. While you wait for your trademark registration to be approved, you are free to use the ™ symbol.

Common misperceptions about trademarks heard around Chandler, AZ.

The terms trademark, copyright, and patents are essentially the same and can all be used interchangeably.

Trademarks, copyrights, and patents are all different forms of intellectual property. Trademarks, as noted above, can be anything that represents your brand in the marketplace, most commonly including words, logos, and even colors. Copyrights, on the other hand, protect creative works, like art, poetry, and novels, while patents protect new and novel inventions. In some cases, you may need more than one protection for your intellectual property. For example, your product may need protections for its name, while its unique functions may qualify for a patent.

My competitor didn’t register its name, so I can register it to keep them from using it.

Because of the common law rights of the U.S., your competitor likely has some rights to the trademark. In addition, knowingly registering someone else’s trademark is a fraud, and it could be grounds for your trademark’s cancellation. Learn more about trademark common law rights.

It’s easy to register a trademark, so I don’t need to work with a trademark attorney.

The process to register a trademark involves many detailed legal decisions and actions along the way, including conducting a comprehensive trademark search, drafting an application with the correct International Classes, and responding to Office Actions in an appropriate and timely manner. While it’s possible to file a trademark application without the help of a trademark attorney, it’s not recommended. When you work with a trademark attorney from the start, you can ensure that the process runs smoothly and efficiently. In addition, working with a trademark attorney could also increase your changes of approval. A study by the University of North Carolina found that applications submitted with the help of a trademark attorney were up to fifty percent more likely to be approved by the USPTO.

No one else is using my exact business name, so I’m not infringing on another business.

You may still be infringing on another business. Most trademark disputes occur due to confusingly similar matches, not exact matches. Work with an attorney to conduct a comprehensive trademark search, revealing not only exact matches to your mark, but similar matches as well. Then register your trademark with the USPTO to be sure that you will not be infringing on another business.

I only need one trademark filing to protect my brand.

Each trademark will need its own trademark filing. For instance, your business name, product name, and logo would each require a different application, resulting in three separate filings.