Trademark Attorney Services for Your Fort Wayne Business

The top 5 questions Fort Wayne businesses have about obtaining a trademark.

How will a registered trademark help my business?

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.

Can I register my trademark on my own?

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.

What is a priority date?

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.

How long does it take for my trademark to be registered?

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.

When will my trademark expire?

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.

Common misperceptions about trademarks heard around Fort Wayne, IN.

My federally registered trademark protects my brand around the world.

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.

Another business has registered the trademark I planned to use, so now I cannot use it.

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.

I registered my trademark with the State of Indiana, so I don’t need to register with the USPTO.

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.

I should trademark by business name but copyright my logo.

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.

The USPTO will monitor my trademark once it’s been registered.

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.