*Please note that while Gerben Law Firm, PLLC is not located in Texas, it can assist businesses from Texas in registering a federal trademark because it is a federal matter.
Since opening its doors in 2008, the trademark attorneys at Gerben Law Firm have been helping clients register and protect their trademarks. Josh Gerben and his team of experienced trademark attorneys have successfully registered thousands of federal trademarks for clients across the country, including Houston. Whether you plan to open a sandwich shop in The Woodlands or you are looking to expand your tax firm in Cinco Ranch, the expert trademark attorneys at Gerben Law Firm are ready to assist you in registering your trademark.
Everything You Need on Obtaining Trademarks in Houston, TX
Testimonials from our Clients in the Houston Region
“The opportunity to talk one on one with Josh Gerben, himself, relieved me of any doubt or questions, I had. As of this day I have one successful trademark and am waiting on my second. You have a client for life!”
– Alan Barrera
Founder GrassOntheGo® – Houston, Tx
Top 5 Questions Houston Businesses Have About Obtaining and Protecting a Trademark
- What is a trademark?
- A trademark is typically a business or brand name, logo or slogan. To obtain the strongest protection possible on a trademark, business should consider registering trademarks with the United States Patent and Trademark OfficeOnce a business obtains a federal trademark registration, a similar business cannot register a confusingly similar mark. Trademark registrationscan be renewed indefinitely, as long as the goods or services associated with the mark continue to be offered.
- How long is the process to register a trademark?
- Once your trademark application is filed, it is reviewed by a trademark examiner. From start to finish, the process can typically take anywhere from eight to ten months, though in some cases, the process can take a year or more to complete. The date you file your trademark applicationwill become your priority date (in most cases). This means that another business will not be able to file a similar mark for related goods or services after that date..
- Does hiring a trademark attorney increase my chances of approval?
- Yes, hiring a trademark attorney can increase the chances of your application’s approval. Not only can an experienced trademark attorney provide you with valuable legal advice throughout the entire process, a recent study by the University of North Carolina found that trademark applications submitted with the assistance of an attorney increased the chances of approval by about 50%.
- What is the USPTO?
- The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. They review applications, register trademarks for products and services, and grant patents for new inventions. They also maintain the records for trademarks and patents.
- Is my trademark kept secret while the USPTO reviews it?
- All trademark applications are in the public record. Applications and all communications to and from the United States Patent and Trademark Office are posted to the USPTO website daily.
Common Misunderstandings about Filing Trademarks for Houston Businesses
- I should wait to register my trademark until my business is established.
- The process to file for a trademark should ideally begin before you choose a name, create a logo, or brand your products. Before you invest time and money into your new business, you’ll want to be sure that the investment is protected. Waiting to begin this crucial process could leave you to unknowingly infringe on another business, which could result in costly fees and expenses in the long run.
- My competitor didn’t register its name or logo, so I can trademark it for myself.
- Simply because a mark hasn’t been federally registered yet does not necessarily mean that you can file for the trademark yourself. The United States is a “common law” country which means that if someone else has adopted and is commercially using a trademark they may have certain rights, even if they did not attempt to register the trademark. .
- I can’t afford to register my trademark.
- While it’s understandable that money can be tight when opening a new business, in many cases, you can’t afford not to register your trademark. If you’ve invested time and money into your business, you’ll want to be sure that your brand is protected. If you choose not to register your trademark, you could find yourself in a situation where the cost of enforcing or defending your mark is significantly more expensive that if you had just registered your trademark before your business opened.
- My federal trademark registration will protect my mark worldwide.
- A United States trademark will not protect your trademark in a foreign country. To gain trademark protections internationally, you must with each country you are seeking protection. In many cases, depending on which countries you plan to register, a single application may be filled out and submitted to multiple countries. Gerben Law Firm can assist you in determining how and where to register internationally.
The Number of Trademarks Registered in Houston by Year
How many trademarks have Houston, Texas businesses registered over the years? Gerben Law Firm collected the following data.
|Year||# of Trademarks Registered|
*data was gathered from the USPTO’s public database
Types of Trademark Services offered to Houston Clients
Additional Information on Trademark Registration for Houston Businesses
Houston is a thriving city in a season of revitalization and growth. New businesses in and around Houston are opening their doors, and existing businesses are seeing growth and expansion. Many new businesses, in an effort to save both time and money, decide to forgo the process of registering their trademarks. They may do a quick Google search, determine that the business name they’ve chosen is available, and move forward without hiring an attorney to conduct a comprehensive trademark search and file their federal trademark. This do-it-yourself approach may save the business owner upfront, but the decision could have costly implication in the end.
Consider this scenario: Beth has decided to leave the bakery she’s worked at for more than a decade to follow her dream to open her own shop in River Oaks. Because Beth’s specialty is gourmet donuts and pastries, she decides to name her new bakery Frosting. Beth does a quick internet search of all the other bakeries in the area. Not seeing any competitor by the same name, Beth assumes she’s free to use the name Frosting, and she gets to work ordering her signs, menus, napkins, and advertising.
A comprehensive search conducted by a trademark attorney would have revealed that another business, a food truck in Sugar Land, recently filed for a trademark of the same name. Because the food truck filed their mark first, they are within their rights to issue a cease and desist letter to Beth. Unfortunately, the time and money that Beth saved in the beginning has now been lost to rebranding and potential legal fees. Protect your business and investment. Contact Gerben Law Firm to learn more about the services we provide today.
For additional information on surrounding Texas cities, visit the following: Corpus Christi trademark attorney services, Austin trademark attorney services, Arlington trademark attorney services.