Trademark Attorney Services for Your Chesapeake Business

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

What is a trademark?

A trademark is anything that indicates a product or service is associated with a particular brand. Business or product names, logos, and slogans are most commonly associated with trademark registration, but even sounds, colors, and smells can be registered with the USPTO.

How can working with a trademark attorney help me?

The process to register a trademark involves many detailed decisions and knowledge of trademark law. As a business owner, you’re likely to be focused on growing your business, not IP law. When you work with an experienced trademark attorney, you will get a suite of professional trademark registration services, including a comprehensive trademark search, application filing, and even responses to non-substantive Office Actions on your behalf. In addition to taking many things off your to-do list, they’re likely to increase your chances of approval as well! A recent study by the University of North Carolina found that trademark applications submitted with the assistance of a trademark attorney increased the likelihood of approval by up to fifty percent.

Another business is using my preferred business name. Can I still us it?

It’s possible you may still be able to used the business name, as long as it’s not likely to cause confusion with the existing business. For example, Dove is the brand name for both a company that makes soaps and a company that makes chocolates. Because consumers aren’t likely to confuse the two brands, both have been able to register the name with the USPTO. If you are unsure about the availability of your preferred mark, Gerben IP can help.

What is the USPTO?

The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. Examiners at the USPTO review applications for patents and trademarks and make decisions about approval. The USPTO also maintains the records of patents and trademarks.

When should I start the process to register my trademark?

As soon as possible! Ideally, trademark registration should be one of your first priorities as a new business owner. Before you buy signage with your business name or place your logo on your products, you should know whether these trademarks are available for use. This can be done by engaging a trademark attorney to conduct a comprehensive trademark search. In addition, the day you submit your application to the USPTO will become your priority date. Anyone looking to file a confusingly similar mark after that date will not be approved. Delaying trademark registration could leave your brand vulnerable to infringement in the future.

Common misperceptions about trademarks heard around Chesapeake, VA.

I am an inventor, so I need patents, not trademarks.

As an inventor, you may likely need both patents and trademarks to protect your product. Patents will protect the unique design and functional features of your invention, while trademarks will protect things like your product name, business name, and logo. If you are unsure what IP protections your business needs, Gerben IP can assist you.

I don’t need to register my trademark to have protection against infringement.

The United States is a common law country, so you will have some protections as soon as you use your mark in public. However, these basic protections may not be enough to protect your brand moving forward. For instance, you’ll only be protected in the small geographic area where your business is based. If you plan to expand outside the Chesapeake area in the future, you may be prohibited from using your mark in other areas where confusingly similar marks are already in use. You’ll also have a more challenging time asserting your trademark rights in legal proceedings. In order to have the presumption of validity nationwide, you will need to register your trademark with the USPTO.

There’s no benefit to register my trademark outside the United States.

We live in a global economy. It’s very possible that you’ll reach customers outside the United States at some point, and your federally registered trademark will not protect you in other countries. If you do business outside the U.S., whether through sales, distribution, or manufacturing, you should strongly consider registering your trademark in other countries.

My registered logo is protection no matter what product I put on it.

When you complete your trademark application, you will need to select the trademark classes that best represent the goods or services you plan to offer under your trademark. Your logo will only be protected in association with the trademark classes you’ve included on your application. Work with a trademark attorney to determine which trademark classes you should include on your application.

I can’t afford to take action against infringement.

In most cases, you can’t afford not to take legal action against infringement. When another business or individual uses a confusingly similar mark, either knowingly or unknowingly, it could have a significant impact on your brand’s success. Consumers could be swayed from your business and your brand’s reputation could be damaged. If you find potential infringement, work with a trademark attorney to determine the best course of legal action, which could be something as simple as a cease-and-desist letter, though sometimes more formal legal action could be required.