Trademark attorney Josh Gerben founded Gerben Law Firm in 2008 to provide professional trademark services to individuals and businesses of all sizes. Since that time, Gerben and his team have registered thousands of trademarks for clients across the country, including the Daytona Beach area. Whether you plan to open an ice cream shop on A1A or expand your IT business in Deltona, Gerben Law Firm is ready to assist you in registering and monitoring your trademark.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Daytona Beach Region
“I looked at the trademark process as something too difficult to attempt myself. For a very reasonable fee Josh Gerben made it easy.”
– David Hall
Buck Me – near Daytona Beach, Florida
Top 5 Questions Daytona Beach Businesses Have About Obtaining and Protecting a Trademark
- What is a trademark?
- A trademark is something that shows your product or service is related to your business. Most business owners trademark their business or product name, logo, and slogan, but even uncommon things like smells and sounds can obtain trademark registration. A strong trademark will help you to establish brand recognition and protect you from infringement.
- How do I protect my trademark?
- You’ll have some limited protections for your mark as soon as you begin to use it in the marketplace. Unfortunately, those protections will only help you in disputes that occur in Central Florida. In order to gain the presumption of nationwide validity, you must register your mark with the United States Patent and Trademark Office, or USPTO.
- How long does it take to register a trademark?
- On average, the trademark registration process takes about 8-10 months from start to finish, though in some cases, in can take a year or more to gain approval from the USPTO. Fortunately, you will be able to utilize some trademark benefits as soon as you submit your application. First, you’ll be given a priority date, which prohibits anyone from filing a similar mark after you. Second, you’ll be able to use the ™ symbol while your application is pending.
- Does hiring a trademark attorney increase my chance of approval?
- It does! Your attorney will conduct a comprehensive trademark search and provide valuable legal advice throughout the registration process. But don’t just take our word for it. A study by the University of North Carolina found that trademark applications submitted with the assistance of an attorney were 50% more likely to be approved.
- Will my trademark protect me in the country my product is manufactured?
- The trademark protections available to U.S. trademark owners will only apply to disputes within the United States. If you do business outside the U.S., either through online sales, manufacturing, or distribution, you should consider registering in those countries as well.
Common Misconceptions about Filing Trademarks for Daytona Beach Businesses
- Trademark registration is only for big businesses.
- A federally registered trademark will provide important protections to businesses of any size. Without trademark registration, even small businesses could be restricted from expanding to other areas where a similar mark is in use. In addition, small businesses that rely on brand loyalty and customer recognition could face financial consequences if their mark is infringed upon. Gerben Law Firm works with businesses of all sizes and offers professional trademark registration services for a reasonable flat rate.
- My competitor didn’t register its name or logo, so I can trademark it for myself.
- The United States is a common law country, which means that your competitor likely has some limited rights on the mark if it’s being used in the marketplace. Contact a trademark attorney to determine the availability of the mark you wish to use.
- No one else can use a word that I have registered as a federal trademark.
- This is not necessarily true. Having trademark ownership on a word will not prohibit another business from using it if the products or services offered cannot be confused with one another. For example, Domino’s Pizza and Domino Sugar both use the trademark ‘domino,’ since it’s unlikely customers will confuse pizza and sugar. If you are unsure about potential infringement on your mark, contact an experienced trademark attorney.
- Using a DIY legal site is just as effective as working with an attorney.
- Unfortunately, this is not the case. The process to register a trademark is both detailed and time consuming, and several legal decisions need to be made along the way to ensure your trademark has the broadest protections. While it may seem like you are saving money by taking the DIY approach, many business owners find that their initial do-it-yourself registration is not approved by the USPTO. They must then work with an attorney to refile the application and pay filing fees to the USPTO, which will cost more than if they had worked with an attorney from the start.
The Number of Trademarks Registered by Daytona Beach Businesses (by Year)
How many trademarks have Daytona Beach, FL businesses registered over the years? Gerben Law Firm collected the following data.
|Year||# of Trademarks Registered|
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Daytona Beach Businesses
With over 10 million visitors to the area every year, and a steady full time population, it’s a great time to own a business in Daytona Beach. When opening a business, many Volusia County entrepreneurs focus first on product development and marketing, but fail to make the time for trademark registration. Unfortunately, failing to register a trademark could prove to be a costly mistake in the future.
Imagine this scenario: Brad works near the beach, and he frequently sees beachgoers walking long distances, carrying all of their beach gear with them. He decides to start a weekend side business driving a pedicab along the beach and during events at the Daytona Speedway. Since he doesn’t plan for this to become a full time business, Brad simply buys a pedicab and gets a local sign shop to make some signs with his phone number and the catchy name he created for his cab, The Beach Bum.
If Brad had taken the time to conduct a trademark search and register his mark, he would have learned that a couple of friends in Jacksonville had the same idea and chose to file for trademark registration. Brad’s first year in business is extremely successful, and just as he’s about to hire on additional drivers to meet the demand, he receives a cease-and-desist letter in the mail. Now Brad must go through the time consuming process of rebranding his business, while working to re-establish customer loyalty under his new name.
As you can see, even small businesses like Brad’s can benefit from working with a trademark attorney to register their mark. Contact Gerben Law Firm to learn more about our reasonable, flat rate trademark registration services.