*Please note that while Gerben Law Firm is not located in Texas, it can assist businesses from Texas in registering a federal trademark because it is a federal matter.
Trademark attorney Josh Gerben founded Gerben Law Firm in 2008 to provide professional trademark services at a reasonable rate for individuals and businesses of all sizes. Since then, Gerben and his team of experienced attorneys have registered trademarks for thousands of clients across the country, including the Fort Worth area. Whether you want to open a bakery in Fairmount or expand your engineering firm in Keller, Gerben Law Firm is ready to assist you.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Fort Worth Region
“From the moment I first contacted Josh about securing a federal registered trademark for my Health IT firm, I knew I made the right call. His extensive knowledge and expertise of the trademark process, along with his superior consulting and business acumen, made a rigorous process simple and easy to understand.” After my experience with Josh, I continue to recommend the Gerben Law Firm to any business owner looking to take their brand to the next level.”
– Frank J. Rosello
Co-Founder and CEO of Environmental Intelligence, LLC – Physician Focused. Patient Driven. ® – Fort Worth, TX
Top 4 Questions Fort Worth Businesses Have About Obtaining and Protecting 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 Misunderstandings about Filing Trademarks for Fort Worth Businesses
- 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.
The Number of Trademarks Registered by Fort Worth Businesses (by Year)
How many trademarks have Fort Worth, TX 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 Fort Worth Businesses
With the building boom in Downtown and surrounding areas, it’s an exciting time to own a business in Fort Worth. As you begin the process to open your own business, you’ll likely be focused on product development, marketing, and finding the best location for your business. Those are all important to the future success of your business. Learn more about the advantages of trademark registration.
Consider this scenario: John is an active resident of Fort Worth, and he wants to share his passion for health and fitness with the community. He decides to open a gym in the Edgecliff Village area, and plans to call it Maximize Fitness. John selects the perfect building, buys signage, and creates a social media campaign to establish membership before the gym opens. He knows trademark registration is important, and plans to start the process once he’s bringing in a profit.
Unfortunately, a few months after the opening of Maximize Fitness, John learns some devastating news. A health supplement company created a protein powder by the same name and has been selling it online for years, something he would have learned during the search portion of the registration process. Because the supplement brand registered the trademark, they are well within their legal rights to ask John to close the gym while he rebrands his business. The time and money he invested in the beginning has now been lost to the lengthy and costly rebranding process.
Don’t wait to register your trademark. Whether you are just starting to write your business plan or you’ve been selling your product for a while, the time to register your trademark is now. Contact Gerben Law Firm today to learn more about our registration services.