*Please note that while Gerben Law Firm is not located in Florida, it can assist businesses from Florida in registering a federal trademark because it is a federal matter.
In 2008, trademark attorney Josh Gerben founded Gerben Law Firm, PLLC to provide professional, affordable trademark registration services to businesses & individuals throughout the U.S.. Since that time, Josh and his team of experienced trademark attorneys have worked with clients across the country, including the Jacksonville area. We work with individuals and businesses of all sizes, so if you are looking to open a nail salon in Jacksonville Beach or plan to expand your plumbing business in Orange Park, Gerben Law Firm is ready to assist you.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Jacksonville Region
“As a business that has been around for a little while, we have many trademarks and have dealt with more than our share of Trademark Attorneys. The Gerben Law Firm was the most professional, timely and cost effective group with we’ve had the pleasure to engage. We feel very fortunate to be using Josh exclusively for all our trademark needs.”
– Cindy Martinage
Co-Owner, Federation of Dining Room Professionals (FDRP) – Near Jacksonville, FL
Top Questions Jacksonville Businesses Have About Obtaining a Trademark
- What should I trademark?
- A trademark can be anything that shows that a particular product or service is associated with your brand. Business owners typically trademark business or product names, phrases, and logos, but some choose less traditional trademarks as well. Sounds, smells, and even signature colors can all become registered trademarks if they represent your brand.
- What is the USPTO?
- The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. The USPTO is tasked with examining and approving trademark and patent applications. They also maintain the records for both patents and trademarks.
- Do I need to work with an attorney to file my trademark application?
- The USPTO doesn’t require U.S. citizens to work with an attorney, but they strongly encourage it. One reason is because of the many detailed legal decisions that need to be made throughout the registration process. Working with an attorney will ensure that the process runs smoothly, and it will likely increase your chances of approval as well. In fact, a study by the University of North Carolina found that trademark applications submitted to the USPTO through an attorney were 50% more likely to be approved.
- If another business has registered my trademark, does this mean I cannot file for registration?
- Not necessarily. The USPTO prevents trademarks to be registered if a confusingly similar mark is already in use. However, two businesses can use the same trademark if there is no likelihood of confusion in the marketplace. For example, Delta Airlines and Delta Faucets can both use the trademark ‘Delta’ because there is little chance that consumers could confuse the airline and the faucet manufacturer. If you are unsure about the availability of a particular mark, contact Gerben Law Firm.
Common Misunderstandings about Filing Trademarks for Jacksonville Businesses
- I can’t afford to register my trademark.
- Most business owners are understandably on a tight budget as they prepare to open their new venture. In many cases, however, you cannot afford not to register your mark. Failing to register could leave your brand susceptible to infringement by others. This could weaken your brand’s reputation and even steer customers away from your business. In addition, you may find that you are infringing on another business. If this happens, you’ll likely endure a costly and time consuming rebranding process. Contact Gerben Law Firm to learn about our reasonably priced flat rate trademark services.
- I should file for as many international classes as possible.
- The USPTO has 45 classes of goods and services to choose from. While it may seem like a good idea to file for as many classes as possible, that may not be the best choice. First, trademark application fees are charged per class. Choosing multiple classes, therefore, could greatly increase your registration costs. In addition, selecting too many classes could be grounds for rejection of your application by the USPTO. Select only the classes of goods and services you are currently offering or plan to offer in the near future.
- I should trademark my business name, but copyright my logo.
- A trademark is anything that represents your business. Both your business name and your logo will indicate that your specific good or service is related to your brand, and both should be registered with the USPTO. Copyrights are creative works that are typically not representative of a specific brand. To learn more about the differences between copyrights and trademarks, read our post here.
- If my competitor hasn’t registered their trademark, I can register it to keep them from using it.
- Because the United States is a first-to-use country, your competitor likely has some common law rights to their trademark, even if they have not registered it with the USPTO. In addition, it is a fraud to register a trademark that you know does not belong to you. Doing this could result in a cancellation of your trademark and could also leave you open to liability.
- The USPTO will let me know if someone is using my mark without permission.
- The USPTO will register your trademark, but they will not monitor its use, nor will they take legal action against potential infringers. As a trademark owner, the monitoring and enforcement of your trademark rights is your responsibility. Fortunately, many trademark attorneys, including Gerben Law Firm, offer monitoring services to their clients.
The Number of Trademarks Registered by Jacksonville Businesses (by Year)
How many trademarks have Jacksonville, FL 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 Offered
Additional Information on Trademark Registration for Jacksonville Businesses
Jacksonville remains one of the nation’s fastest growing cities, which makes it great place to open a new business. If you’ve decided to jump into the Jacksonville market as well, you likely have a long to-do list before you open your doors, including scouting locations, product research, hiring employees, and creating a marketing strategy. While all of these are important to the future success of your business, don’t put off one critical step: trademark registration.
Picture this scenario: Jenna decides to follow her passion for fitness by opening a cycle studio near San Marco. An avid cycler herself, she has visited every studio in the area and knows none of them are using the name Pedal Power, so she creates a logo and gets busy branding everything. Jenna has heard of trademark registration, but she decides to hold off on starting the process until the business is turning a profit.
Jenna and Pedal Power see exciting initial success, but it is short lived. Unfortunately, nine months after the studio opens, Jenna receives a cease-and-desist letter in the mail. An Atlanta-based studio of the same name is planning to expand into North Florida. Because they registered their trademark several years ago, they are well within their rights to ask Jenna to close her studio and rebrand the business, a task that is both costly and time consuming. Don’t wait to register your trademark. Contact Gerben Law Firm to start the process today.