Frisco Trademark Registration
Frisco 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 Texas, it can assist businesses from Texas in registering a federal trademark because it is a federal matter.
In 2008, trademark attorney Josh Gerben founded Gerben IP with the mission to provide professional trademark registration services for a reasonable, flat rate. In the years since, Gerben and his team have registered trademarks for thousands of clients across the country, including the Frisco area.
Gerben IP works with individuals and businesses of all sizes. Whether you plan to open a sandwich shop near Stonebriar Centre or expand your manufacturing plant in Prosper, Gerben IP is ready to assist you in registering and protecting your trademarks.
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When opening a business, you want to be where your audience is, and in Frisco, there’s no shortage of potential customers. Rated the fastest growing city in the U.S. many times over the past several years, this Dallas suburb is the perfect place to open your new venture. If you hope to open your own business here, consider working with a trademark attorney to register and protect your valuable intellectual property.
Consider this scenario: Jay is a vegetarian who prepares meals that even his meat-loving Texas friends love. With all the praise, Jay decides to open his own eatery near Main Street. Once he selects the perfect location and chooses the name Farm to Texas, he gets to work designing his space and developing the menu. Jay has heard about the importance of trademark registration, but he’s simply too busy to take on the task alone. Instead, he engages an experienced trademark attorney to assist him.
Jay’s attorney begins the process by conducting a comprehensive trademark search, and he finds that another business is already using a confusingly similar mark in the Houston area. Now Jay must change his name before he can move forward with registration and opening his doors. While he’s upset that he can’t use his preferred name, he’s ultimately glad that he learned of the other business before potentially infringing on its mark and going through the costly rebranding process.
If you’re a busy entrepreneur like Jay, consider partnering with a trademark attorney to register and protect your intellectual property. Contact Gerben IP today to learn more about our reasonable, flat-rate trademark registration services.
Each business is unique, but it might be likely that your business may need to register more than one type of intellectual property in order to be protected from infringement. Most businesses have at least one trademark, which is anything that represents your brand in the marketplace. Common trademarks include business and product names, logos, and slogans. Patents, on the other hand, protect the design and functionality of new inventions, while copyrights protect works of authorship, like novels, art, and song lyrics. If you are unsure about what forms of IP your business has, and how best to protect them, Gerben IP can assist you.
The United States is a common law country, which means you’ll have some basic rights to your trademark as soon as you use it in the marketplace. However, these common law rights were designed to protect businesses from local competitors, and will not provide protection from infringement that occurs outside the Frisco area. If you plan to do business outside the area in the future, you may be prohibited from using your mark in certain markets where a confusingly similar mark is already in use. In order to have the presumption of validity nationwide, you will need to register your trademark with the USPTO.
Start the process now! Before you invest in signage, product labeling, and marketing bearing your preferred mark, you should first know that it is available for use. Starting the registration process early on also locks in a valuable protection. The date you submit your application will become your priority date, and anyone looking to file a similar mark after that date will be rejected by the USPTO. When you wait to register your trademark, you could find you’re infringing on another business and face more challenges asserting your own trademark rights in legal proceedings.
Your trademark protections won’t expire as long as you do two things. The first is that you must continue to use your mark in public, and use it only in the way it appears in your trademark application. The second thing you must do in order to maintain your protections is to meet renewal deadlines set by the USPTO. For new trademarks, 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 trademark every ten years to have valuable protections that won’t expire!
As a trademark owner, it will be your responsibility to monitor your trademark’s use and take action when potential infringement is found. Fortunately, many trademark attorneys, including those at Gerben IP, offer monitoring services to clients. We’ll let you know if we find possible infringement, and we’ll work with you to take legal action to stop the infringement as well.
An examiner at the USPTO will conduct a trademark search, but only after you submit your application and pay your filing fees. If the examiner finds a confusingly similar mark is already in use, your application will be rejected and your fees lost. Conducting a comprehensive trademark search before you file your application saves you time and money in the long run. Work with an experienced IP attorney to conduct your search, and only submit your application if no conflicting marks are found. If confusingly similar marks already exist, you’ll need to make changes to your mark or select a new mark before filing your application.
Domain names and trademarks are regulated by different entities, and owning the rights to a word in trademark doesn’t give you exclusive rights to the word or the domain name associated with it. Trademark owners are, however, protected from cybersquatters who buy domain names in bad faith, with the intention to ransom the domain to its rightful owner at a much higher price or to sell counterfeit goods under someone else’s mark. If you feel that your trademark’s domain name has been purchased in bad faith, Gerben IP can assist you.
Your attorney can provide valuable assistance in registering your trademarks, but their help doesn’t stop there. Once your trademark has been registered, your attorney can monitor its use and assist you in taking legal action when necessary. They will also help you with any licensing agreements or changes of ownership later on. Learn more about how to file an application.
This is not necessarily true. The USPTO will reject trademark applications that may be confusingly similar to another mark. However, if the mark is not likely to cause confusion in the marketplace, it may still gain approval from the USPTO. One example of this is Delta, which is a well-known trademark for both an airline and a faucet manufacturer. Because customers are not likely to confuse the two companies or the products and services they offer, the USPTO allowed both to trademark the world ‘Delta.’
While the most common reason for an application to be rejected is an existing similar mark, there are other reasons the USPTO won’t approve a trademark. For example, the USPTO won’t register generic or descriptive words, like “Good Pizza” or “Hot Coffee.” Surnames also face challenges in obtaining trademark registration. In addition, your application may be rejected if you’ve been issued an Office Action requesting additional information and you fail to respond by the deadline. Working with a trademark attorney will help streamline the process and may increase your chances of approval as well. A study 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.
“ 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