Fort Wayne Trademark Registration
Fort Wayne 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 Indiana, it can assist businesses from Indiana in registering a federal trademark because it is a federal matter.
Gerben IP was founded by trademark attorney Josh Gerben in 2008. The focus of Gerben IP is to provide premium services at a reasonable, flat rate. Gerben and his team of experienced trademark attorneys offer a range of services, including trademark searches and registrations, as well as trademark monitoring.
Our team has registered thousands of trademarks for clients across the country, including the Fort Wayne area. We work with individuals and businesses of all sizes. Whether you plan to operate a food truck in Downtown Fort Wayne or a trucking company in Huntertown, Gerben IP is ready to assist you.
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Indiana’s second largest city is home to many business owners and entrepreneurs, with new ventures popping up all over the city and surrounding areas. Many Fort Wayne business owners, in an effort to save time and money, decide to postpone trademark registration or forgo the process altogether. Unfortunately, this decision could lead to costly consequences later on.
Imagine this scenario: Wendy, a Fort Wayne entrepreneur with an eye for design decides to open her own store in the downtown area, where she’ll sell a variety of home décor items. Wendy selects the name Cottage Market and gets to work selecting the perfect inventory items to sell. With so much to do before opening day, she decides to put off trademark registration until her business is more established.
Several months after Wendy opens Cottage Market, she receives a cease-and-desist letter in the mail. A business in Ann Arbor has been using the name for years, and because that owner registered the trademark, they are well within their rights to ask Wendy to temporarily close her shop and rebrand her business.
The time and money Wendy had hoped to save while postponing trademark registration will now be spent updating signage, marketing material, and even her website. No matter how busy you are, you are never too busy for trademark registration. Gerben IP offers professional trademark registration services at a reasonable flat rate, so you can focus on your business, while we provide premium services. Contact us today to start the process of protecting your business through trademark registration.
A registered trademark provides valuable protections for your business. First, it protects your brand from others infringing on it. This allows you to maintain control of your brand and its reputation in the marketplace. In addition, you’ll be protected from infringing on the trademark of another business. Forgoing trademark registration could leave you vulnerable to costly legal fees and time-consuming rebranding efforts in the future, if your mark has already been registered by someone else. A federally registered trademark is also an asset which can grow in value along with your business, and is often a requirement of sale from future buyers or investors.
The United States Patent and Trademark Office, or USPTO, doesn’t require U.S. citizens to work with a trademark attorney while registering a U.S. trademark, but they do highly encourage it. When you partner with an experienced trademark attorney, you can ensure that the process will be done correctly, from conducting a comprehensive trademark search to drafting your application, selecting International Classes, and responding to Office Actions. Not only will the process be done right the first time, your likelihood of approval may also increase! A study conducted by the University of North Carolina found that trademark applications submitted with the assistance of a trademark attorney were up to fifty percent more likely to be approved.
A priority date is a basic protection you will have as soon as you apply for trademark registration. The date you submit your application to the USPTO will become your priority date. Anyone looking to register a confusingly similar mark after that date will not be approved.
When a trademark application has been completed and filed correctly, it typically takes around 8-10 months from start to finish to obtain trademark registration. If problems arise, or if the USPTO needs additional clarification or documentation, it may take a year or more to be approved.
Your trademark may never expire, as long as you continue to use the mark in the marketplace and you meet renewal deadlines. For new trademarks, the first renewal will need to be filed between the fifth and sixth year, then again between the ninth and tenth year. After that, you will need to renew you trademark every ten years to maintain ownership.
Your federally registered trademark will provide valuable protections, but only in disputes that occur within the United States. In today’s global economy, it’s not too implausible to assume that you may do business outside the U.S., whether through sales, manufacturing, or distribution. If you are doing business in another country, you should strongly consider obtaining trademark registration in that country as well for brand protection.
This may not necessarily be true. The USPTO will reject your trademark application if it is confusingly similar to an existing mark. However, if the likelihood of confusion is low, you may still be able to use the mark. For example, both an insurance company and an airline were able to trademark the word “United,” because consumers aren’t likely to confuse the two businesses and the services they provide. If you are unsure about the availability of a particular mark, Gerben IP can assist you.
Registering with the State of Indiana won’t hinder your federal trademark registration, but it may not be enough to protect you. For instance, you may only be protected within the state. If you plan to expand to Michigan or Ohio in the future, you may be prohibited from certain areas if a confusingly similar mark is already in use. You may also face more challenges asserting your trademark rights in legal proceedings. In order to gain the presumption of nationwide validity, you will need to register your mark with the USPTO as well.
A trademark is anything that represents your brand in the marketplace. This includes your business name, but also your product names, logo, slogan, and even your signature color. Contact Gerben IP to learn more about which aspects of your business could benefit from trademark registration.
Once your trademark registration has been approved by the USPTO, it will be your responsibility to monitor your mark and take legal action against potential infringement. This can seem like an overwhelming task, especially as you work to grow your business, but it is necessary for you to maintain control of your brand. Fortunately, many trademark attorneys, including those at Gerben IP, offer trademark monitoring services. They will alert you to any potential infringement and take swift action to stop it. Learn more about why you should monitor marks.
“ We were referred to Josh by a business colleague, and were skeptical that any online US Trademark filing process could be both simple and successful. Our experience with other firms (on other trademarks) had been tedious and expensive, by comparison. But Josh’s system worked, and we were awarded both trademarks…”
— Michael Zimmerman, MarketPoint
“…I am smart enough to know that this is a highly specialized area of the law that requires patience, understanding, extensive research, a finely tuned verification process and the ability to navigate the steps and procedures established by the federal government. But I am even smarter to know that, in the age of the specialist, I needed the best…”
— Wayne Halper, Law Office of Wayne Halper
“…When working with Josh on our Trademark/Service Mark application process, his communication was excellent and his expertise and personal demeanor quickly built trust in the business matters. He manages a detailed and well balanced analysis and is results and success driven..”
— Johan Reinhoudt, EffectiveSalesCoaching.NL
“ I hired Josh to do some trademarking work for me. He was very knowledgeable, explained the process clearly, made sure it was filed in a timely manner, and followed up with me each step of the way.”
— Kathy Wolper, Kathy’s Just Desserts, Inc.
“ Working with Josh was an absolute pleasure. He made the process of getting our trademark a breeze. Should we ever seek another trademark we would certainly retain Josh again in a heartbeat. I recommend him very highly.”
— Verena Frydberg, Makeover Your MS
“ Every now and again you come across someone who you know will always get the job done, be upfront and honest, and looks out for you. It’s great never having to worry about Trademarks. I know I can just give him a call and it’ll be done quickly, affordable, and done right…”
— Megan Cummins, Sparklepop