Trademark Attorney Services for Your Gilbert Business

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

What’s the difference between patents and trademarks?

Both patents and trademarks are forms of intellectual property, but each protects a different aspect of your business. A patent protects new and novel inventions, and there are two types: design patents and utility patents. A design patent protects the aesthetic, non-functional aspects of an invention, while a utility patent protects the functionality of the invention. A trademark, on the other hand, protects anything that represents your brand in the marketplace. Common trademarks include logos, slogans, business names and product names. Sounds, smells, and colors can also be registered as trademarks if they represent a unique brand.

What is the USPTO?

The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. They examine applications for trademarks and patents and make determinations about approval. The USPTO also maintains the public records of all patents and trademarks.

When can I begin using the ® symbol?

The ® symbol indicates that a trademark has been registered with the USPTO. Do not use it until your trademark has been registered, as it is considered a fraud and could be grounds for rejection of your application. While your trademark application is pending, you are free to use the ™ symbol.

Can a trademark be sold?

Yes, a trademark is an asset to your business, just like inventory, equipment, and work vehicles. However, unlike equipment and vehicles, which typically decrease in value, the value of your trademarks will appreciate as the value of your business increases.

What does a trademark attorney do?

Trademark attorneys perform a wide range of trademark services, before, during, and after the trademark is registered. An experienced attorney will conduct a comprehensive trademark search to determine whether the mark you plan to use is available. Then, they’ll draft your application and submit it to the USPTO, responding to any non-substantive Office Actions on your behalf. Once your mark has been approved by the USPTO, your attorney can monitor your trademark’s use in the marketplace and take legal action if infringement is found. They can assist you in renewing your trademark as well.

Common misperceptions about trademarks heard around Gilbert, AZ.

I should wait to register my trademark until my business opens.

Don’t wait until your business is operating and your trademarks are being used in the marketplace to start the registration process. One reason is that you could learn during the registration process that your mark is already in use by another business. If you’ve already purchased signage, labeled products, and created a marketing campaign, you’ll then need to spend time and money rebranding. Another reason to begin the registration process well before your business opens is to protect your own business from infringement. The date that you submit your application to the USPTO will become your priority date, and anyone looking to file a confusingly similar mark after that date will not be approved. Begin the process to register your trademark today!

Another business is infringing on mine because they are using a word I registered.

This may not necessarily be true. When you register with the USPTO, you do not have exclusive ownership of a particular word. Instead, you are protected from others using the word when there could be a likelihood of confusion in the marketplace. For example, ‘Delta’ is a word that was trademarked by both an airline and a faucet manufacturer, because consumers are unlikely to confuse the two brands. If you are unsure about an instance of potential infringement, Gerben IP can help.

As long as I meet renewal deadlines, I can maintain my trademark protections.

Meeting renewal deadlines is an important part of keeping your trademark protections, but it’s not the only requirement. In order to maintain your trademark registration, you’ll also need to continue to use your trademark exactly as it appears in your trademark application. If your mark has changed and been updated over time, you’ll need to file a new trademark registration to ensure it’s protected.

I used the Madrid Protocol to register international trademarks, so I’ll be approved in all the countries I selected.

The Madrid Protocol is an international treaty that allows applicants to file a single trademark registration in their home language that can then be applied to over 90 member countries. However, each country will then make its own determination about approval, so it is possible to obtain trademark registration in one country, but not the other.

I did a Google search and no one is using my business name, so it is free for registration.

Conducting a trademark search on Google or another free online site is likely to generate only exact matches to your trademark. Most trademark disputes, though, aren’t caused by exact matches to a trademark, but rather confusingly similar matches. If you rely on Google, you may miss out on other conflicting trademarks that are likely to appear in the USPTO’s trademark search. The search software used by trademark attorneys is much more sophisticated, finding not only exact matches, but similar matches to your marks. Contact Gerben IP to learn more about our comprehensive trademark searches.