*Please note that while Gerben Law Firm is not located in Colorado, it can assist businesses from Colorado 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 attorneys have registered thousands of trademarks for clients across the country, including the Colorado Springs area. Gerben Law Firm works with individuals and businesses of all sizes. Whether you plan to open a boutique near Broadmoor or expand your engineering firm in Monument, Gerben Law Firm is here to assist you.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Colorado Springs Region
“When looking to Trademark my phrase”Sculpting with Light,” I did not hesitate to hire Mr. Gerben. He was always available to answer any and all questions I had regarding Trademark Law. Always professional, prompt and knowledgeable!”
– Allison Earnest
Allison Earnest Photography – Colorado Springs, CO
Top Questions Colorado Springs Businesses Have About Obtaining a Trademark
- Why do I need a trademark?
- A trademark registered with the USPTO holds many benefits for your business. You will have the presumption of nationwide validity, which means you will be protected from infringement anywhere in the United States. This will help you maintain control of your brand and help to establish customer recognition and loyalty. Without a registered trademark, you might also find yourself infringing on someone else’s mark, which could be costly in the long run.
- Which aspects of my business should I register as trademarks?
- A trademark is anything that can represent your brand. Common trademarks include business and product names, logos, and slogans, but even sounds, smells, and colors could become registered trademarks. Work with an experienced trademark attorney to determine which aspects of your business would be best protected through trademark registration.
- Does hiring a trademark attorney increase my chance of approval?
- Working with a trademark attorney could certainly increase the chances that your trademark will be approved by the USPTO. An attorney will not only provide you with valuable legal advice throughout the registration process, but a recent study confirms it. The University of North Carolina found that trademark applications submitted with the help of an attorney will increase the likelihood of approval by 50 percent!
- What does the USPTO do?
- The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. When you submit your application to the USPTO, it will be assigned an examiner who will review the application and make a determination about approval. The USPTO will not, however, monitor your trademark’s use or enforce your rights. Those are the responsibility of the trademark owner.
Common Misunderstandings about Filing Trademarks for Colorado Springs Businesses
- I registered my trademark with the State of Colorado, so there’s no need for a federal registration.
- Registering with your state does not provide the same protections as a federally registered trademark. For instance, you would not have protection in trademark disputes outside Colorado, which could greatly hinder the future growth of your business. The process to file with the USPTO is typically more complicated, but federal registration will provide the presumption of nationwide validity for your mark.
- I did my own trademark search, so I don’t need a search performed by a trademark attorney.
- A DIY trademark search may seem like a cost effective option, but it’s usually not thorough enough to ensure your mark is available for registration. Most internet searches will reveal only exact matches to your mark, but the majority of trademark disputes are due to marks that are confusingly similar. The software used by most trademark attorneys will be much more comprehensive, revealing both exact and similar matches to your mark.
- My competitor’s trademark is not registered, so I can register it to prevent them from using it.
- Registering a trademark that you know does not belong to you is a fraud. It could result not only in cancellation of your mark, but potentially legal liability as well. In addition, if your competitor is currently using the mark, they likely have some rights to it. If you are unsure if a potential trademark is available, contact an experienced trademark attorney.
- It only takes one trademark to cover your assets.
- Your brand likely requires more than one trademark to be protected. For instance, your business name, product name, and logo would all benefit from trademark protections, and each would require a separate registration. Contact a trademark attorney to ensure your business is fully protected.
- I should register in as many International Classes as possible.
- Filing for a large number of classes could increase the likelihood that your application will be denied. In addition, filing fees are determined upon the number of classes you file, which means that filing for many classes could greatly increase your filing costs. For these reasons, it’s best to limit your class selections to the goods and services that you are currently offering or plan to offer in the very near future.
The Number of Trademarks Registered by Colorado Springs Businesses (by Year)
How many trademarks have Colorado Springs, CO 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 Colorado Springs Businesses
The vibrant community of Colorado Springs makes it a great place for business owners and entrepreneurs, but, as you develop your product and create a business plan, don’t overlook the importance of trademark registration. Many business owners focus on location, marketing, and employees first, and while these are all essential to starting a new business, none of these will provide valuable protections for your business.
Consider this scenario: Bo, an IT consultant, has been working after hours on developing an app. Bo is so focused on developing his app and getting it online that he completely overlooks completing a trademark search or filing for trademark registration. This app, which he calls Lift Buddy, is designed to match people for ride sharing to different ski resorts. Bo tests it first in Colorado, and when he sees success, plans to roll it out to other parts of the country, including Utah and the Carolinas.
Unfortunately, Bo is about to face a challenge as he expands his business. Because he put off trademark registration, he does not have protections for his mark outside Colorado. A company in Salt Lake City has registered the mark for their app, which tracks a skier’s speed, distance, and level of difficulty. They are now within their rights to require Bo to stop downloads and rebrand his business, a costly and time consuming venture. Contact Gerben Law Firm to understand the benefits and protections that come with trademark registration.