Trademark Attorney Services for Your Coral Gables Business

The top 5 questions Coral Gables businesses have about obtaining a trademark.

How does a trademark protect my business?

A trademark is anything that represents your brand in the marketplace, including business or product names, slogans, and logos. Once your trademark is registered with the USPTO, you will have important protections against infringement, which allow you to maintain control of your brand in public. You will also be protected against infringing on any other business, which often leads to costly rebranding efforts and potential legal liability in the future.

What is the USPTO?

The USPTO, or United States Patent and Trademark Office, is a division of the Department of Commerce. The USPTO reviews applications for trademarks and patents, and makes determinations about approval. They also maintain the records for patents and trademarks.

Will working with a trademark attorney increase my chances of approval?

Yes, working with a trademark attorney can increase your chances of approval. Because trademark attorneys can conduct comprehensive trademark searches, draft applications correctly, and respond to Office Actions on your behalf, engaging an attorney will ensure that your trademark registration process will run as smoothly as possible. In fact, a study conducted by the University of North Carolina found this to be true. The study found that applications submitted with the assistance of a trademark attorney increased the likelihood of approval by up to 50 percent.

What should I do if I think someone is infringing on my trademark?

If you suspect potential infringement, you must take quick action to end it before it creates customer confusion. However, it’s best to first engage an experienced trademark attorney. Your attorney will be able to evaluate each incident and determine the best course of action. Often, a cease-and-desist letter is all that is needed to put an infringer on notice, but in some cases, your attorney may recommend for formal legal action.

When can I start to use the ® symbol?

You will be free to use the ® symbol once your trademark application has been approved by the USPTO. Until that time, you can use the ™ symbol. Using ® prior to being approved is a fraud, and it could be grounds for cancellation of your trademark application, so while it is tempting to begin using the symbol right away, it is best to wait.

Common misperceptions about trademarks heard around Coral Gables, FL.

I don’t need to register my trademark with the USPTO to have trademark protections.

The United States is a common law country, which means that you will have some limited protections simply by using the mark in public. However, these protections will be limited, and may not fully protect your brand. One limitation is that your mark will only be protected in the region your business is located. If you plan to expand outside South Florida in the future, you may be restricted from using your mark in areas where similar marks are in use. You’ll also face more challenges asserting your trademark rights in legal proceedings. In order to have the presumption of validity nationwide, you must register your trademark with the USPTO.

Another business is using the same trademark, so I cannot register it for myself.

This may not be true in all instances. The USPTO will consider approval of similar trademark registrations, so long as they will not cause a likelihood of confusion in the marketplace. For example, both United Airlines and United Healthcare are able to use the trademark ‘United’ because there’s little chance that a customer might confuse the airline with the insurance provider. If you are unsure about the availability of a particular mark, contact Gerben IP.

I should wait until my business is more established to register my trademark with the USPTO.

In order to be sure your trademark is protected, don’t put off trademark registration. In fact, this should be one of the first steps you take when planning to open a new business. This way, you will not only be protected from others infringing on your mark, you’ll also ensure that you won’t be infringing on the mark of another business. Moving forward with using a mark before it is registered with the USPTO could leave you vulnerable to infringement and legal issues later on.

My federally registered trademark will protected me against copycats in other countries.

Your U.S. trademark will provide valuable protections within the United States, but it will not protect your mark in disputes that occur in other countries. If you conduct business or manufacture your product outside the U.S., you should strongly consider obtaining trademark registration in those countries as well.