Trademark Attorney Services for Your Fort Worth Business

The top 4 questions Fort Worth businesses have about obtaining a trademark.

Do I need to register my trademark with the USPTO?

Because the United States is a first-to-use country, you will have some limited protections just by using the mark in public. It’s important to know, though, just how limited those common law protections are. First, you will only be protected in the Fort Worth region. This could limit growth in the future if you plan to expand to an area where your mark is already in use. You will also have a more challenging time asserting your trademark rights in legal disputes. In order to have the presumption of nationwide validity, you need to register your trademark the United States Patent and Trademark Office, or USPTO.

Am I required to work with a trademark attorney?

The USPTO doesn’t require U.S. citizens to work with an attorney during trademark registration, but they strongly encourage it. An experienced trademark attorney will conduct a comprehensive trademark search and assist you in drafting your trademark application. They can also respond to all non-substantive Office Actions issued by the USPTO. Overall, you’ll experience a smooth, streamlined registration process which, according to a study by the University of North Carolina, will also increase your likelihood of approval by up to 50%!

How long does it take to register a trademark?

Typically, the trademark registration process takes around 8-10 months from start to finish, though it can take up to a year or more for some applications to be approved. Fortunately, you will gain an important protection as soon as you submit your application. That date will become your priority date, which means anyone looking to file a similar trademark after that date will likely be rejected. This is why it is important to file your trademark application as soon as possible, to lock in that important priority date.

What if someone is infringing on my trademark?

It’s best to work with a trademark attorney if you find evidence of potential infringement. Your attorney will review the situation and decide which course of action is best to take. In many cases, a cease-and-desist letter drafted by your attorney is enough to put the infringer on notice, but in some cases, more formal legal proceedings may be necessary.

Common misperceptions about trademarks heard around Fort Worth, TX.

I should wait to register my trademark until my business is more established.

Don’t wait until your business is open and doing well to register your trademark. Instead, start the trademark registration process before you begin business operations. Doing this will allow you to know you won’t be infringing on another business before you invest in product labeling, marketing, and signage. Some businesses that choose to wait to register their marks find out, after investing time and money into building their brand, that the trademark associated with their brand is already in use. They must then invest more into rebranding their businesses. Start the trademark registration process as soon as possible to avoid potential infringement.

I cannot use a trademark if it’s already being used by another company.

This is not necessarily true. In some instances, businesses may use the same mark if there is no likelihood of confusion in the marketplace. For instance, Domino’s Pizza and Domino Sugar are not likely to be confused, so both can register ‘Domino’ for themselves. If you are unsure about the availability of a particular trademark, contact an experienced trademark attorney.

The USPTO will let me know if someone else is using my mark.

The USPTO registers trademarks, but it doesn’t not monitor their use or notify owners of potential infringement. It’s the responsibility of the trademark owner to find potential infringement and take legal action when needed. Most trademark attorneys have monitoring services for their clients, and if likely infringement is found, they will work with you to take the necessary legal action.

I only need to trademark my business name.

Filing for trademark registration for your business name is important, but it’s probably not the only trademark you’ll need to protect your business. Consider everything that represents your brand, from your logo to your product name, and even a signature color. All let customers know that your product or service is associated with your brand, and all could benefit from trademark protection.