*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’s team of experienced trademark attorneys have registered thousands of trademarks for clients across the country, including the Denver area. Gerben Law Firm represents individuals and businesses of all sizes. Whether you are developing a new skincare product in your Downtown loft or you plan to expand your architecture firm in Highlands Ranch, Gerben Law Firm is ready to assist you.
Federal Trademark Registration for Your Denver Business
Testimonials from our Clients in the Denver Region
“When looking to Trademark my phrase, 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 (near Denver)
“Acquiring Trademark status can seem a daunting task but Gerben Law Firm made this process easy, stress free and a educational experience. They do a great job communicating the step by step process and teaching the customer.”
– Allison Grenney
Founder, Edukate – Near Denver, CO
“Excellent job all around. I recommend Josh as a trademark attorney.”
– Dr. Alexander Campbell
Premium Care Plastic Surgery – near Denver, CO
Top 5 Questions Denver Businesses Have About Obtaining and Protecting a Trademark
- How is a trademark different from a patent or copyright?
- All three are forms of intellectual property, but each protects a different aspect of your business. Trademarks, for example, can be anything that represents your brand, including business or product names, logos, and slogans. Copyrights protect works of authorship like novels, art, and music, while patents provide protections for inventions.
- Why do I need a trademark to protect my business?
- A registered trademark provides the presumption of nationwide validity, which means your mark is protected against infringement in all fifty states. Completing the registration process also ensures that you will not be infringing on another business. Choosing to forgo trademark registration could have costly consequences if potential infringement is later found.
- When should I file my trademark application?
- Ideally, trademark registration should be one of the first steps you take in starting your business. Before you settle on a business name, label your products, and develop marketing material, you’ll want to be sure that the mark you’ve chosen won’t infringe on another business. The date you file will also become your priority date, which means anyone looking to file a similar mark after that date will likely not be approved by the USPTO. In order to lock in your priority date, it’s best to register your mark as soon as possible.
- What is this USPTO?
- The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. An examiner at the USPTO will review your trademark application and determine whether it can be approved. They also examine patent applications.
- How long does a registered trademark last?
- Once your trademark has been registered with the USPTO, it will never expire, as long as you continue to use the mark in the marketplace and meet renewal deadlines. For new businesses, the first renewal will occur between the fifth and sixth year, and then again between the ninth and tenth year. After that, you’ll need to renew your mark every ten years to maintain your registration.
Common Misunderstandings about Filing Trademarks for Denver Businesses
- • The USPTO will conduct a trademark search, so I don’t need to do a search myself.
- o An examiner at the USPTO will conduct a search, but only after you’ve paid your filing fees. If a similar mark is found in that process, your mark could be rejected. For this reason, it’s best to conduct your own search, with the help of an attorney, prior to submitting your application. If you find a confusingly similar mark, you can then make necessary changes before you submit your application and pay your filing fees.
- • I registered my business name, and that is enough to protect my business.
- o Obtaining trademark registration for your business name is an important first step in protecting your brand, but it’s often not enough. Anything that represents your brand should be registered, including logos, slogan, or even signature colors. If you are unsure about which aspects of your business require trademark registration, contact an experienced trademark attorney.
- • My U.S. trademark will protect my business in trademark disputes in other countries.
- o Unfortunately, your U.S. trademark will not protect you in disputes that occur outside the United States. Anyone doing business outside the U.S. should strongly consider international trademark registration. You can file with individual countries directly, or you can choose to use the Madrid Protocol. This international treaty allows applicants to complete a single application in their home language, then apply it to over 90 member countries.
- • The USPTO will alert me to others using my mark.
- o The USPTO will determine whether or not your trademark registration should be approved, but they do not monitor your trademark’s use or enforce its protections. That is your responsibility as a trademark owner. Fortunately, Gerben Law Firm offers monitoring services to assist you.
The Number of Trademarks Registered by Denver Businesses (by Year)
How many trademarks have Denver, 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 Denver Businesses
It’s a great time to be a business owner in the Denver area. As new businesses pop up all over the city, many entrepreneurs are wondering how to best protect their brands. Before you invest time and money into growing your business, be sure that you protect that investment. The best way to do this is through trademark registration.
Consider this scenario: Two friends have spent the past five years dreaming of opening their own craft brewery in Denver, and they’ve finally saved enough money to make it happen. Over the last several years, they’ve visited most of the existing breweries in and around the city, and they know that none of them are using their desired name, Brighter Skies Brewery. They get to work designing their space, creating labels, and, developing a successful social media campaign promoting their opening.
Unfortunately, the friends are about to learn some frustrating news. A cease-and-desist letter arrives just a week before their grand opening, from a brewery in Boulder. Though the name of their business is different, they offer a Brighter Skies IPA, their most popular beer. Since the other company has registered the name of their IPA, they are well within their rights to ask the Denver friends to rebrand their brewery, an expensive and time consuming task.
Whether you are in the early stages of planning your business or you’ve been using an unregistered mark for some time, contact Gerben Law Firm today to learn more about the importance of trademark registration.