*Please note that while Gerben Law Firm is not located in Idaho, it can assist businesses from Idaho in registering a federal trademark because it is a federal matter.
Founded by trademark attorney Josh Gerben, Gerben Law Firm has registered thousands of trademarks in all fifty states, including Idaho. Our team of experienced trademark attorneys work with individuals and businesses of all sizes. Whether you want to open a deli in The Village or expand your contracting business in Ammon, Gerben Law Firm is here to assist you with a complete list of trademark services.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Idaho Falls Region
“I tried to register our trademark on my own, but found the process far too tedious and complex. The Gerben Law Firm took over and handled all the details, and for far less expense than my time would have cost my company. I appreciate the efficient, professional approach.”
– Rick Cheatum
ISU Credit Union near Idaho Falls, Idaho
Top 5 Questions Idaho Falls Businesses Have About Obtaining and Protecting 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 Misconceptions about Filing Trademarks for Idaho Falls Businesses
- 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.
The Number of Trademarks Registered by Idaho Falls Businesses (by Year)
How many trademarks have Idaho Falls, ID businesses registered over the years? Gerben Law Firm collected the following data.
||# of Trademarks Registered
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Idaho Falls Businesses
With an increase in tourism and a strong economy, it’s a great time to open a new business in Idaho Falls! As you start to plan your new business venture in this beautiful city, don’t underestimate the advantages of registering your trademark with the USPTO, no matter the size of your business.
Picture this: Megan is a stay-at-home mom looking to put her talents to use to make some extra money for her family. She begins offering her IT services to small businesses around Idaho Falls. As her client base increases, Megan decides to create a website and print off some business cards with her new business name, Get IT Done. A friend suggests trademark registration, but Megan decides her business is just too small to justify the cost.
As Megan’s business continues to grow and traffic to her website increases, she’s in for some bad news. Another IT company in the area, which goes by a different name, has registered their logo, which is Get IT Done. Now Megan must spend extra time and money rebranding her website, purchasing new business cards, and, most importantly, trying to maintain her clients through the transition.
No matter the size of your business, a trademark registered with the USPTO is an important asset for your business. Contact Gerben Law Firm today to learn more about our reasonable, flat rate trademark registration services.