Trademark Attorney Services for Your Idaho Falls Business

The top 5 questions Idaho Falls businesses have about obtaining a trademark.

What is the purpose of a registered trademark?

A trademark is anything that represents your brand. Common trademarks include business or product names, logos, and slogans. A trademark registered by the United States Patent and Trademark Office, or USPTO, will protect your business from infringement by others, as well as ensure that your business is not infringing on another business.

How do I conduct a trademark search?

A comprehensive trademark search should always be conducted before submitting an application to the USPTO. There are many DIY legal sites that claim to assist you with this process, but it is best to work with an experienced trademark attorney. This is because the DIY sites will typically only find exact matches to your mark. Unfortunately, most trademark disputes aren’t caused by exact matches, but rather confusingly similar trademark matches. Once your trademark application is submitted to the USPTO, an examiner will do another search to determine if a similar mark is already in use, and if one is found, your application could be rejected. The software used by trademark attorneys is much more thorough, revealing not just exact matches, but any similar match as well, so you can feel confident in submitting your application.

When should I file my trademark application?

Starting the trademark application process should be one of the first things you do as a business owner. Before you invest in product labeling, marketing, signage, and more, you’ll want to be sure that these marks are available for registration, and then you’ll want to lock in a priority date. This is the date you submit your application, and anyone looking to file a similar mark after your priority date will not be approved. Waiting to file your trademark application could lead to infringement later on.

How long does it take to register a trademark?

Once your trademark application is submitted to the USPTO, it will typically take 8-10 months to become registered, though in some cases, it can take a year or more to be approved by the USPTO.

What should I do if someone is infringing on my trademark?

If you think you may have found evidence of infringement, it is best to work with a trademark attorney. The attorney will evaluate the case and determine the best course of action. Often a cease-and-desist letter is all that is needed, but occasionally, more formal legal action is needed to stop the infringement.

Common misperceptions about trademarks heard around Idaho Falls, ID.

The United States is a first-to-use country, so I don’t need to register my trademark.

In the U.S., you will have some limited rights to your trademark, simply by using it in the marketplace. However, those common law rights are extremely limited. You may experience challenges, for instance, in asserting your trademark rights in a legal dispute. You’ll also only be protected in the small region your business is based. This means that if you plan to expand your business outside the Idaho Falls area in the future, you may face legal issues if your mark is already in use there. To gain the presumption of validity in all fifty states, it’s important to register your trademark with the USPTO.

The USPTO will protect my mark against infringement in other countries.

The USPTO provides valuable protections for your trademark within the United States, but it won’t protect you in other countries. If you manufacture, distribute, or sell your product in another country, you should strongly consider seeking trademark registration there as well.

Another business cannot use a trademark if I have already registered it.

This is not always true. The USPTO prohibits others from using any mark that could cause a likelihood of confusion in the marketplace. It may be possible, then, to have the same trademark as long as consumers are not likely to confuse the two brands. For instance, United Healthcare and United Van Lines both use the trademark ‘United.’ Since it’s unlikely that consumers would confuse a health insurance company with a moving company, both are free to use the mark. If you are unsure about another business’s use of your trademark, contact a trademark attorney for a consultation.

Trademarks, patents, and copyrights are all basically the same thing.

While trademarks, patents, and copyrights are all intellectual property, they all protect different things. For example, a trademark protects aspects of your business that represent your brand, like business names, logos, and signature colors. Patents, on the other hand, protect inventions, and copyrights protect works of authorship or art, like novels, song lyrics, and paintings.