Trademark Attorney Services for Your Glendale Business

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

Do I really need to register my trademark?

The United States is a common law country, so you will have some limited protections for your trademark, even if it’s not registered with the USPTO. Unfortunately, though, these protections may not be broad enough to protect your business. Common law rights, for instance, only protect your business in the small geographic region where it is located. If you plan to expand outside Glendale in the future, you could be prohibited from using your mark in certain areas where a confusingly similar mark is already in use. You’ll also face more challenging asserting your trademark rights in legal proceedings. To have the presumption of validity nationwide, you need to register your trademark with the USPTO.

Can I submit a trademark application before I’ve started using my trademark?

Absolutely. If you haven’t begun to use your trademark in commerce at the time of your application, you will need to complete an Intent-to-Use form along with your application. Once your application has been approved, the USPTO will issue you a Notice of Allowance. You’ll then have six months from that date to submit a Statement of Use, documenting that the mark is now being used in commerce. If you are not using the mark after the six months is up, you can file a six-month extension. Up to five six-month extensions can be filed before you’ll need to submit your Statement of Use or risk cancellation of your mark.

What is a priority date?

The date you submit your trademark application to the USPTO will become your priority date. Anyone looking to file a confusingly similar mark after that date will not be approved. This is one benefit to beginning the trademark registration process early and locking in this valuable protection.

Can I include all of my trademarks on a single application?

No, each trademark application should include a single trademark. For example, your logo, business name, and product name will all require separate trademark applications. Gerben IP can assist you in drafting and submitting your trademark applications..

How can I protect my trademarks in other countries?

Your federally registered trademark will not be protected in other countries unless you register the mark in those countries as well. To do so, you have two options. The first is to register directly with each country’s trademark office. However, if you plan to register is several countries, you may want to use utilize the Madrid Protocol. This international treaty allows registrants to complete a single application in their home language, which can then be applied to more than 90 member countries. Each country will then make its own determination about approval.

Common misperceptions about trademarks heard around Glendale, AZ.

Trademark registration is only for large businesses.

Owning a registered trademark is beneficial to businesses of all sizes, whether you own a multi-location restaurant chain or sell a single product online. As a small business owner, protection from infringement will be incredibly valuable as you grow your brand. You’ll also have the presumption of validity nationwide, which will allow you to expand your business anywhere across the country. Don’t wait until your business has grown to register your trademarks. Gerben IP can help you protect your small business today.

As long as my trademark isn’t confusingly similar to other trademarks, the USTPO will approve my trademark application.

This is not necessarily true. Your trademark application will be rejected if it’s likely to cause confusion with an existing mark, but there are other reasons the USPTO may reject your application, too. For instance, trademarks that include generic or descriptive words (like “Good Sandwiches”) will not be approved. Your application could also be rejected if it includes the name of a celebrity without the celebrity’s consent. Consider working with an attorney that can assist you in selecting and registering your trademarks.

Trademarks and copyrights are essentially the same.

Both trademarks and copyrights are valuable forms of intellectual property, but each protects a different aspect of your business. A trademark, for example, is anything that represents your brand in commerce. Common trademarks include business or product names, slogans, logos, and signature colors. Copyrights, on the other hand, protect creative works like song lyrics, art, and some computer code.

Another business is using my trademark, so I cannot register it.

This may not be the case. The USPTO will reject confusingly similar marks, but may approve trademarks that are similar, but aren’t likely to cause confusion in the marketplace. One example of this is Pandora. Both a jewelry company and a music streaming service have registered the word because consumers aren’t likely to confuse the two brands. If you are unsure about the availability of a particular mark, Gerben IP can assist you.

Trademark registration is easy, so there’s no benefit to working with an attorney.

The process to register a trademark involves many detailed steps and legal questions, from conducting a comprehensive trademark search to selecting the correct international classes and specimens and responding to Office Actions. When you work with an attorney, you can be sure that the process will run as smoothly as possible while you can remain focused on your business. It may even increase your chances of approval. A study conducted by the University of North Carolina found that applications submitted with the assistance of a trademark attorney were up to fifty percent more likely to be approved!