Idaho Falls Trademark Registration
Idaho Falls 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 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 IP 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 IP is here to assist you with a complete list of trademark services.
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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 IP today to learn more about our reasonable, flat rate trademark registration services.
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.
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.
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.
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.
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.
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 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.
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.
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.
“ We were referred to Josh by a business colleague, and were skeptical that any online US Trademark filing process could be both simple and successful. Our experience with other firms (on other trademarks) had been tedious and expensive, by comparison. But Josh’s system worked, and we were awarded both trademarks…”
— Michael Zimmerman, MarketPoint
“…I am smart enough to know that this is a highly specialized area of the law that requires patience, understanding, extensive research, a finely tuned verification process and the ability to navigate the steps and procedures established by the federal government. But I am even smarter to know that, in the age of the specialist, I needed the best…”
— Wayne Halper, Law Office of Wayne Halper
“…When working with Josh on our Trademark/Service Mark application process, his communication was excellent and his expertise and personal demeanor quickly built trust in the business matters. He manages a detailed and well balanced analysis and is results and success driven..”
— Johan Reinhoudt, EffectiveSalesCoaching.NL
“ I hired Josh to do some trademarking work for me. He was very knowledgeable, explained the process clearly, made sure it was filed in a timely manner, and followed up with me each step of the way.”
— Kathy Wolper, Kathy’s Just Desserts, Inc.
“ Working with Josh was an absolute pleasure. He made the process of getting our trademark a breeze. Should we ever seek another trademark we would certainly retain Josh again in a heartbeat. I recommend him very highly.”
— Verena Frydberg, Makeover Your MS
“ Every now and again you come across someone who you know will always get the job done, be upfront and honest, and looks out for you. It’s great never having to worry about Trademarks. I know I can just give him a call and it’ll be done quickly, affordable, and done right…”
— Megan Cummins, Sparklepop