Trademark Attorney Services for Your Garland Business

The top 5 questions Garland businesses have about obtaining a trademark.

What should I trademark?

Whether you are an inventor with a single product or a large service provider, you probably have trademarks that need protection. A trademark is anything that represents your brand in the marketplace. Your business name, product names, and logos will require trademark registration, but you should also consider other possible trademarks. If your business has a signature color, a unique slogan, or even a distinct smell, it should be registered with the USPTO.

Can I register my trademark even if I haven’t started to use it in commerce?

Yes, you can begin the process to register your trademark before you can document use in commerce. When you submit your application, you’ll need to include an Intent-to-Use form as well. Once your application has been approved by the USPTO, you’ll receive a Notice of Allowance, which gives you six months to submit a Statement of Use, documenting that you are currently using the mark in commerce. If you still haven not begun to use the mark, you can file a six-month extension. Up to five of these six-month extensions are allowed before you must submit a Statement of Use or risk cancellation of your registration. Watch our video on use in commerce.

When will my trademark be protected?

You will have some common law rights as soon as you use the mark in public, but those protections are limited. You’ll also have some protections as soon as you submit your application. That date will become your priority date, and anyone looking to file a similar trademark after that date will be rejected. However, once your trademark registration has been approved, you’ll have the presumption of validity nationwide and the ability to take legal action against infringers.

How long will my trademark protections last?

You can maintain your federal trademark protections indefinitely, as long as you continue to use the mark in public and renew it on time. Be sure to use the mark just as it appears in your trademark application and meet the renewal deadlines set by the USPTO. For new trademarks, you’ll need to file your first renewal 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. Do these things and you’ll have valuable trademark protections that won’t expire!

How can I protect my trademark outside the U.S.?

Your federally registered trademark will not protect your trademark in disputes outside the United States. If you do business in another country and would like your trademark protected there, you must register your trademark in that country as well. You can begin the process by applying directly with each country’s trademark office, or, if you plan to register in many countries, you may want to use the Madrid Protocol. This international treaty allows you to submit a single application that can then be forwarded to any of its 90+ member countries. Each country that receives your application through the Madrid Protocol will then make a determination about approval.

Common misperceptions about trademarks heard around Garland, TX.

I don’t need a celebrity’s approval to use their name in my trademark.

The USPTO requires a signature from anyone whose name will appear in the trademark. Without this signature of approval, your trademark application will be rejected.

Another business is infringing on my business because they are using the same name.

This isn’t necessarily a case of infringement. Businesses often use the same name, as long as there isn’t a likelihood of confusion in the marketplace. One example of this is Delta. Both an airline and a faucet manufacturer use the same name because consumers aren’t likely to confuse the two businesses. If you are unsure about a case of potential infringement, contact Gerben IP for a consultation. Learn more about next steps if you’re dealing with infringement.

I can begin including the ® symbol on my product labeling as soon as I submit my application to the USPTO.

The ® symbol indicates that a trademark has been registered with the USPTO. Using it before you’ve gained approval for your mark is a fraud and could be grounds for cancellation of your application. Instead, use the ™ symbol while your application is pending.

I only need one trademark application to protect my brand.

Each of your trademarks will need its own application. For example, your business name, logo, and signature color would all need separate applications. Contact Gerben IP for assistance in drafting your trademark applications.

Trademark attorneys only help with the registration process.

Most trademark attorneys offer a full suite of services before, during, and after registration. Your attorney can conduct a comprehensive trademark search and assist you in selecting a mark that is not being used by a competitor. They’ll also draft your trademark application, including the correct trademark classes and specimen, and can even respond to non-substantive Office Actions on your behalf. Once your trademark has been registered with the USPTO, you can use your attorney’s monitoring services to find infringement and work with them to take legal action. Contact Gerben IP today to learn more about the services we offer.