Trademark Attorney Services for Your Hialeah Business

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

Do I have anything to trademark?

If you’ve created a product or own a business, you likely have many trademarks to register. A trademark is anything that represents your brand in the marketplace, so business names, product names, logos, and slogans should all be registered trademarks for your business. Consider other things that represent your brand as well, though, like colors, sounds, and smells. If you are unsure about what aspects of your business would benefit from trademark registration, read our post on what can and cannot be trademarked.

How will a trademark attorney help me to register my trademark?

The process to register a trademark is detailed, and knowledge of trademark law is extremely helpful. When you partner with an experienced trademark attorney, you can remain focused on growing your business while your attorney works to obtain the broadest protections possible for your trademark. Working with an attorney is likely to increase your chances of approval as well. A study conducted by the University of North Carolina found that trademark applications submitted to the USPTO with the assistance of a trademark attorney were up to fifty percent more likely to be approved.

Should I start the registration process before or after I’ve opened my business?

Start the trademark registration process as soon as possible, ideally once you’ve selected a possible trademark. Before you invest in product labeling, marketing, a website, and more, all bearing your preferred mark, you’ll want to make sure that you aren’t infringing on other businesses and lock in some basic protections like your priority date. This is the date you submit your application, and anyone looking to file a confusingly similar mark after that date will not gain approval from the USPTO. Delaying registration could leave your brand vulnerable to infringement in the future.

Why might my trademark application not be approved?

The USPTO may reject a trademark application for a variety of reasons. For example, if your desired mark is confusingly similar to an existing mark, your trademark registration cannot be approved. Your application will also be rejected if it includes generic or descriptive words, or if it includes the name of a celebrity without their authorization. When you work with an experienced trademark attorney, you can often avoid these potential conflicts.

What’s an Office Action?

An Office Action is a notice issued by the USPTO during the trademark registration process. Often, Office Actions are requests for additional information or clarification, but they may also be issued as notification that your trademark application has been rejected. Once an Office Action has been issued, you’ll have a specific timeframe to respond, often six months from the date it was issued. Failing to respond in that timeframe may also result in the rejection of your application. As a part of Gerben IP’s reasonable, flat-rate trademark registrations, we can assist you in responding to Office Actions, and can even respond to non-substantive Office Actions on your behalf.

Common misperceptions about trademarks heard around Hialeah, FL.

My business name needs both a trademark and a copyright.

A copyright protects creative works, like art, song lyrics, and poetry, while a trademark protects anything that represents your brand in the marketplace. Because a business name represents your brand, it should be registered as a trademark with the USPTO. Click here to learn more about the differences between a trademark and copyright.

Another business is using the name I planned to use, so I can no longer use it.

Just because another business is using your name doesn’t necessarily mean you won’t be able to use it. The USPTO will reject your trademark application if it’s likely to cause confusion in the marketplace, but if the two businesses and the products or services they offer are not similar, it’s possible that both can use the same name. Delta, for example, is the trademark of both an airline and a faucet manufacturer 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.

Once my trademark is registered with the USPTO, I will be protected in disputes that occur anywhere in the world.

Your federally registered trademark provides valuable protections, but only in disputes that occur within the United States. If you sell or manufacture your product outside the United States, you should strongly consider registering your trademark internationally as well. To do so, you will need to complete an application with each individual country’s trademark office, or you can use the Madrid Protocol. This international treaty allows you to complete a single application which can then be applied to over 100 member countries. Each country will then make its own determination about approval.

The USPTO will let me know if someone is using my trademark without permission.

The USPTO reviews applications and makes determinations about approval. Once your registration has been approved, the responsibility to monitor and police your trademark is yours. Fortunately, many trademark attorneys, including those at Gerben IP, offer trademark monitoring services. We’ll alert you to potential infringement and take legal action on your behalf when needed.

I registered my business name with the State of Florida, so I don’t need to register with the USPTO.

Your state registration won’t hinder your federal registration, but it likely won’t provide enough protection for your brand. For example, you’ll only have protections in the small geographic region where your brand is located. If you plan to expand outside South Florida in the future, you may be prohibited from using your mark in areas where confusingly similar marks are already in use. In order to have the presumption of validity nationwide, you need to register your trademark with the USPTO as well.