Irving Trademark Registration

Trademark Attorney Services for Your Irving Business

Welcome to Gerben IP

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.

Start Protecting
Your Trademark

Trademark Registration Services

$1500 Trademark
Registration Package:

(plus government fees)

Package Includes:

  • Federal Trademark Search using CORSEARCH software
  • State Trademark Search using CORSEARCH software
  • Common Law Trademark Search
  • Attorney Consultation Time
  • Drafting and Filing of Trademark Application
  • Responding to Non-Substantive Office Actions
  • Sending Registration Certificate

Providing Trademark Services for Irving-based Businesses

Please note that while Gerben IP is not located in Texas, it can assist businesses from Texas in registering a federal trademark because it is a federal matter.

Gerben IP was founded in 2008, by trademark attorney Josh Gerben. Since then, Gerben and his experienced team have registered thousands of trademarks for clients across the country, including Irving. Our boutique law firm provides professional registration services (learn more) to individuals and businesses of all sizes for a reasonable flat rate. Whether you plan to open a physical therapy office in Las Colinas or expand your remodeling business in Valley Ranch, Gerben IP is ready to assist you in registering and protecting your valuable IP.

How many trademarks are filed each year by businesses in Irving, Texas?

Gerben IP collected the following data from the USPTO’s public database.

Year# of Trademarks Filed
Year# of Trademarks Filed

Why is trademark registration important for Irving-area business owners?

It may be known to the rest of the country as a suburb of Dallas, but Irving is a vibrant community of its own where businesses, from start-ups to Fortune 500 companies, thrive. If you plan to open your own new business in Irving, engage an experienced trademark attorney to register your trademarks.

Consider this scenario: Emily is a teacher that tutors students after school and throughout the summer to earn some extra money. To advertise her services, she prints business cards and creates a website using the name Top of the Class Tutoring. She’s heard of trademark registration, but Emily sees her tutoring business as a side job, and too small to justify the costs.

Over time, Emily and Top of the Class Tutoring gain a strong reputation, and she decides to tutor full time. Unfortunately, a few months after Emily quits her teaching job, she learns some frustrating news. Another tutoring business outside Waco is using a confusingly similar name, and since the owners of that business registered its name with the USPTO, they are well within their rights to ask Emily to change her name. Now she must spend time and money to rebrand her tutoring business, while trying to maintain the reputation she worked hard to build in the community.

Even small businesses like Emily’s can benefit from trademark registration. Contact Gerben IP today to learn more about our reasonable, flat-rate trademark registrations.

The top 5 questions Irving businesses have about obtaining a trademark.

Do I need a trademark or a patent?

Depending on the type of business you have, you may need both. A trademark is anything that represents your brand in public, including business names, product names, logos, and colors. Most business owners have at least one trademark. Patents, on the other hand, protect new and novel inventions. If you are an inventor with a new product, you should protect its unique functionality through patent registration, as well.

Do I need to hire a trademark attorney to register my trademark?

The USPTO doesn’t require U.S. citizens to work with a trademark attorney, but they highly encourage it. The process to register a trademark is extremely detailed, and legal knowledge is essential to obtaining the broadest protections. When you work with an attorney, they can conduct a trademark search, draft your application—including selecting the correct trademark classes and specimens—and even respond to non-substantive Office Actions on your behalf. Instead of learning trademark law, you can continue to focus on growing your business.

Once my trademark is registered, how long will it be protected?

Your trademark protections won’t expire as long as you continue to use the mark in commerce and meet renewal deadlines. For new trademarks, your first renewal will occur between the fifth and sixth year, and then again between the ninth and tenth year. After that, you’ll need to renew your trademark with the USPTO every ten years. Failing to meet renewal deadlines or a lapse in using the trademark could result in cancellation of your registration and the protections it provides.

What is a priority date?

The date that you submit your application to the USPTO will become your priority date, and anyone looking to file a confusingly similar mark after that date will not be approved by the USPTO. This is one good reason to start the process to register your trademark as soon as possible to lock in this valuable protection.

I manufactured my product in China. Will my U.S. trademark protect my brand there as well?

The valuable protections your federally registered trademark provides only apply to disputes within the United States. If you do business in China or any other country, you should strongly consider registering in those countries as well.

Common misperceptions about trademarks heard around Irving, TX.

I’m too busy to register my trademark.

A business owner’s to-do list can seem never ending, and some tasks may ultimately get placed on the back burner, but trademark registration shouldn’t be one of those things. Before you begin to use your trademark in commerce, you should make sure that it won’t infringe on another business. In addition, you’ll lock in your priority date and its protections when you submit your application. Waiting to register your trademark could leave you more vulnerable to infringement later on.

If I have registered my trademark with the USPTO, I should have the right to the domain name as well.

This is not necessarily true. Your trademark registration doesn’t give you the exclusive use of a word, so it’s possible another business may also have the right to use the word. For example, Pandora is the registered business name of a jewelry brand and a music steaming platform. While both of them have the right to use the word in commerce, only one of them—in this case, the music streaming platform—owns the domain name. Read our blog post on registering your domain name does not protect your mark for additional information.

Someone from the USPTO will let me know if another business is using my trademark.

The USPTO will not alert you to potential infringement. As a trademark owner, it’s your responsibility to monitor your trademark and take action against infringers. Engage your trademark attorney to assist you. Most, like those at Gerben IP, offer monitoring services and will work with you to assert your trademark rights when needed.

I don’t need to do a comprehensive trademark search, because the USPTO will do one once I submit my application.

An examiner at the USPTO will conduct a comprehensive trademark search after you’ve submitted your application and paid your filing fees. If the examiner finds a confusingly similar mark is already in use, your application could be rejected and your filing fees lost. Conducting a comprehensive trademark search prior to submitting your application allows you to learn of potentially conflicting marks before it’s too late.

I have common law rights to my trademark as soon as I use it, so I don’t need to register with the USPTO.

You will have some rights to your mark as soon as it’s used in commerce, but they may not be enough to protect your brand moving forward. (explanation video) For example, your common law rights will only apply to disputes that occur in the small geographic region where your business is based. If you plan to expand outside Irving in the future, you could be prohibited from using your mark in certain areas if a similar mark is already in use. You’ll also have a more challenging time asserting your trademark rights in court. Instead of facing these challenges with your limited protections, register your trademark with the USPTO to have the presumption of validity nationwide.

Years of Experience
Trademark Searches
Trademarks Federally
Customer Service

Helping Our Customers Succeed

“ 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 HalperLaw 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

Do you need assistance with a trademark matter? Reach out to an attorney now.

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