Dallas Trademark Registration
Dallas Trademark Registration
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.
We offer a full range of trademark, copyright and patent services to entrepreneurs, established businesses and other attorneys (on behalf of their clients). We can assist clients in all 50 U.S. states and from countries around the world.
Please note that while Gerben IP is not located in Texas, it can assist businesses from Texas in registering a federal trademark because it is a federal matter.
Gerben IP is committed to providing high-quality legal services at reasonable costs. In 2008, trademark attorney Josh Gerben started the firm to help businesses with their trademarks. Since opening its doors the firm has successfully registered thousands of trademarks for clients from all 50 states and 6 continents.
Gerben IP is based in Washington, DC, however, our trademark law firm assists clients all across the country, including from Dallas. With competitive rates and individualized service, our attorneys pride themselves on providing cost-conscious legal services which deliver quality results.
|# of Trademarks Filed
|# of Trademarks Filed
Dallas, TX is one of the business hubs of America. In the heart of Texas, Dallas is a breeding ground for innovation and is a city that fosters entrepreneurship. Whether you have your headquarters in Fountain Place or just opened a coffee shop in Deep Ellum, you should register your company’s trademarks with the United States Patent and Trademark Office. By doing so, you can feel confident to invest in your company’s brand (and prevent needless legal headaches.)
The first step towards trademark protection is to identify your trademarks. Let’s consider a new bottled cold-brew coffee company called “Marsupial Coffee Works.” It creates the “Kangeroo Blend” and the “Koala Blend” lines of cold-brew coffee beverages and plans to start selling them in regional grocery stories. Before a single label is made, the owners of Marsupial Coffee Works should do a comprehensive search on their company name and on their flagship product lines. These are unique names that represent their specific product and (hopefully) no others.
This is important to conduct a search because if another company is already using something similar for coffee-related products or services, then that prior user may be able to prevent the registration of “Marsupial Coffee Works” and the coffee-product names, and, in the worst case scenario, stop the use of the trademarks all together. This would mean that all the hard work in marketing the brands would be wasted and the owners would need to spend time and money rebranding. Even worse, they may need to pull their products from the shelves of any retailers, hurting business relationships and potentially spelling the end of the company.
Once a comprehensive search has been completed and the trademark owners are comfortable with the risk level, they should move forward with registering the trademarks with the United States Patent and Trademark Office. Once registered, the trademark owners will be able to prevent future users of confusingly-similar trademarks from damaging the “Marsupial Coffee Works” and other protected brands. This is not limited to exact matches – it includes any trademark that is confusing in sight, sound, or meaning for related products or services. So if a competitor opens a “Kongeroo Coffee Works” coffee shop, the owner of the “Kangeroo Blend” trademark would likely be able to prevent them from further use of a mark that could confuse consumers.
Once a trademark is registered, it is up to the trademark owner to monitor the marketplace and the USPTO database to make sure no one is using or registering confusingly-similar marks. This will be an ongoing process to ensure that the trademarks stay strong and that the trademark rights remain exclusive. Each additional use of a similar mark by a third-party, over time, will widdle away at the scope of the trademark owner’s valuable rights.
Trademark protection should be an integral part of every business’s plan. Through effective trademark protection, businesses in Dallas can avoid legal headaches and create a valuable brand.
Domain name registration, by itself, does not give the registrant any trademark rights in that phrase. You must be using the trademark in connection with specific goods and services before you can gain trademark rights. A federal registration will allow a trademark owner to claim nationwide priority in the trademark and acts as a “presumption” of ownership, which would help if the rights in the domain name were ever challenged by a third-party.
The government filing fees are $350 per class (a class is a general category). However, hiring an attorney can help you avoid pitfalls that could result in a waste of time and money. Gerben IP’s flat-rate legal fee includes a comprehensive search to see what is already out there and to provide a risk analysis. By knowing what risks you face, you avoid unnecessary legal challenges that could cost tens of thousands in legal fees and re-branding costs.
From the moment you apply to registration, the trademark registrations process takes at least nine months. However, everyone who applies after you apply must “wait in line” while your application is reviewed. If your application is accepted, then theirs will likely be denied.
You should not apply for a trademark that you do not intend to use. Any registration that was registered based on a fraudulent application would be subject to cancellation for fraud and lack of use, or “intent to use,” when filing.
In addition to words and logos, sounds can also be trademarks. That sound must be distinctive for your business and cannot be functional (like the sound of a buzzsaw for power tool products.)
All trademark filings made before the Patent & Trademark Office are public domain and will be published to the USPTO website. There is no option to file confidentially.
Trademark law is important to every business. Trademark protection allows small businesses to invest in their marketing and branding so that they can grow. The only way to ensure that you have a strong brand is by actively protecting your trademark.
Trademark law protects words, logos, and other source-identifiers used by businesses to represent their products and services. Copyright law protects creative works, like designs on the front of a t-shirt. Only in very narrow circumstances can a t-shirt design act as both a trademark and a copyrighted work (think, the NIKE symbol on the front of a shirt) but you should consult with an attorney to decide what is the best protection for you.
Trademark rights are territorial, meaning that the rights are limited to specific territories/countries. For example, owning rights to a trademark in the European Union does not automatically give you rights in the United States. There are benefits that foreign applicants and registrants can take advantage of, and an experienced trademark attorney can help decide the best course of action for your specific trademark.
When an application is filed with the USPTO, the applicant must make a sworn statement that it used (or intends to use) the trademark on all of the goods and services listed in the application. Any false statement made before the USPTO can lead to the cancellation of any resulting registration. In most cases, you should limit your application to only those goods you are actively selling.