Hialeah Trademark Registration
Hialeah 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 Florida, it can assist businesses from Florida in registering a federal trademark because it is a federal matter.
Gerben IP is a boutique IP law firm founded by trademark attorney Josh Gerben. Since opening his doors in 2008, Gerben and his team have registered thousands of trademarks for individuals and businesses of all sizes, all for a reasonable, flat rate. Gerben IP has clients in all fifty states, including the Hialeah, Florida area. Whether you plan to open a medical supply store in Hialeah Gardens or run a diner near the airport, Gerben IP is ready to assist you in registering and protecting your valuable trademarks.
|# of Trademarks Filed
|# of Trademarks Filed
It’s a great time to own a business in South Florida, and that’s why new businesses keep popping up all over Hialeah. If you plan to open your own business in Hialeah, you know that building a brand is the key to lasting success. In order to protect your brand, it’s important to register your trademark with the USPTO.
Consider this scenario: Tamara loves baking and has a side business selling birthday and wedding cakes to neighbors in Hialeah. She uses the name Iced to Perfection and begins to build a following through social media. She’s heard about trademark registration and decides to engage a trademark attorney to begin the process to register her business name.
Eventually, Tamara has so many requests for cakes that she decides to quit her full-time job and devote her time to growing Iced to Perfection. Soon, though, followers begin to tell her of another bakery in Daytona Beach using the same name. Because Tamara registered her trademark with the USPTO, she is well within her right to ask the other business to stop using the name. She works with her trademark attorney to draft a cease-and-desist letter to send the Daytona business.
Because Tamara had taken the time to register her trademark, she was able to protect her business from infringement and potentially a damaged brand image as well. Whether located in Hialeah or the surrounding Miami area, Contact Gerben IP today to learn more about registering and protecting your valuable trademarks.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.