Gilbert Trademark Registration
Gilbert 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 Arizona, it can assist businesses from Arizona in registering a federal trademark because it is a federal matter.
Gerben IP was founded by trademark attorney Josh Gerben in 2008. Since that time, we’ve represented thousands of clients across the country, including the Gilbert area. Gerben IP offers a suite of professional trademark services for a reasonable flat rate, including trademark searches, drafting applications, and filing with the USPTO. We also offer trademark monitoring services and legal assistance in infringement cases.
Gerben IP works with individuals and businesses of all sizes. Whether you plan to operate a food truck near Freestone Park or a daycare center outside Power Ranch, Gerben IP is ready to assist you.
|# of Trademarks Filed
|# of Trademarks Filed
Gilbert is a community that prides itself on entrepreneurship and innovation. If you plan to open a new business in this beautiful city, start the trademark registration process early to ensure your unique brand is protected now and as you expand in the future.
Consider this scenario: Matthew has grown up in Maricopa County, and now that he’s a certified personal trainer, he’d like to start offering his services in Gilbert. He locates the perfect property and immediately begins buying signs, ordering merchandise, and creating a marketing campaign, all using the business name he’s selected, Lift Strong. Matthew has heard of trademark registration, but he decides his business is just too small to justify the cost, and ultimately puts off the process.
Word about Matthew’s amazing new gym gets out, and soon he’s considering opening a second location to serve other areas. Unfortunately, he soon gets some devastating news. Another gym operating outside Flagstaff has been using the same name, and since they registered with the USPTO early on, they are within their rights to ask Matthew to stop using the name. Now, instead of expanding, Matthew is tasked with rebranding his business while maintaining his client base and rebuilding his reputation.
If Matthew had started the trademark registration process early on, he would have learned about the gym in Flagstaff and had the opportunity to change his business name before investing in labeling and opening his doors. Don’t wait to register your trademark. Contact Gerben IP today to learn more about our trademark registration services.
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.
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.
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.
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.
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.
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!
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.
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.
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.
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.