Harrisburg Trademark Registration
Harrisburg 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.
Gerben IP was established in 2008 by trademark lawyer Josh Gerben. Since opening its doors, the attorneys at Gerben IP have successfully registered over 5,000 trademarks for clients from all 50 states, including Pennsylvania. Whether you plan to open a salon in Midtown or you hope to expand your engineering firm to other parts of Dauphin County, Gerben IP can provide you professional federal trademark representation.
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When opening a new business, owners often focus solely on product development and marketing, leaving little time or money for trademark registration. In your business plan, filing for trademark registration might seem like a low priority, but you need to consider the risks of growing your business without these valuable protections in place.
Consider this scenario: Max has always wanted to open a diner in Harrisburg, like the kind his grandparents owned in Philadelphia. He finds the perfect spot in Midtown and decides to pursue his dream. He’s heard about trademarks, and knows it’s important to avoid using the same name as another business, so Max does a quick Google search with the name he’s chosen, Maxwell’s Mug.
When he can’t find another diner using the name, Max moves forward, hanging his sign, printing his menus, and adding his logo throughout the restaurant. Just weeks after his successful grand opening, Max receives a cease-and-desist letter. While his simple trademark search showed no one was using the name Maxwell’s Mug, it failed to reveal the confusingly similar name of a popular food truck in town, The Mug. Now, Max is forced to close the business and invest even more time and money on rebranding his diner.
By working with a trademark attorney to register a trademark, even small business owners like Max can have peace of mind to move forward, knowing they can invest in their businesses without the risk of future infringement. Contact Gerben IP’s experienced trademark attorneys today to begin the process of filing for trademark registration.
A trademark protects anything that indicates that a certain product or service is associated with a specific brand. Common trademarks include words, phrases, logos, or slogans. A copyright, on the other hand, protects works of authorship, which could include books, music, and artwork not representative of a specific business.
Business owners often begin the trademark registration on their own, only to find that it is much more complicated than they assumed. They may find that they spend more time and money to correct and re-file their application than they would have if they had worked with an attorney from the beginning. The experienced trademark attorneys at Gerben IP will ensure that the process runs smoothly and professionally from start to finish.
In short, no. In order to protect your business, you should file a trademark registration well before you begin business operations. Once you’ve decided on a business name or logo, and you’ve conducted a search to be sure it isn’t already in use, you should file your application as soon as possible. Failing to do so early on could result in finding out that your trademark infringes on another business, leading to costly changes and legal fees.
The process to register a trademark typically takes around 8-10 months from start to finish, though in some situations, it may take a year or more. Fortunately, the date you file your application will become your priority date. This means that no one will be able to file a confusingly similar trademark after that date. This is another reason to file your trademark application as soon as possible.
A trademark application will only cover a single trademark. Depending on your business, you likely have several trademarks. For example, a business name, logo, and slogan could require three different filings to cover the three distinct marks. The trademark attorneys at Gerben IP can assist you in identifying how which aspects of your business require protection through trademark registration.
While it is true that you have common law protections simply by using your mark in the marketplace, those protections are extremely limited. For instance, they only protect you from infringement in the small geographic region where your business is located. Common law rights are also much more challenging to uphold in court. In order to have the presumption of validity nationwide, you should register your trademark with the USPTO.
If you file a trademark for multiple classes, this could lead to your application being denied or make your registration susceptible to challenges based on fraud. Limit your application to the goods and services that will be provided within the next three years. Working with an experienced trademark attorney can help you to draft your application for your specific needs, which saves you time and money in the long run.
If an examiner at the USPTO finds a confusingly similar trademark is already in use, your application could be rejected, and your filing fee lost. Conduct a comprehensive trademark search prior to submitting your application and paying your fees to the USPTO. This way, if you learn of a similar existing mark, you can make the necessary changes before filing.
Use of the trademark registration symbol ® indicates that your trademark is federally registered. You are allowed to use the ™ symbol until your trademark application has been approved by the USPTO. Using the ® prior to obtaining your federal trademark registration is a violation of federal law. If the USPTO sees that you are using this symbol, the examiner handling your application will reject your trademark application on grounds you are improperly using the registered trademark symbol.
“ 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