Jersey City Trademark Registration
Jersey City 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 New Jersey, it can assist businesses from New Jersey in registering a federal trademark because it is a federal matter.
Trademark attorney Josh Gerben founded Gerben IP with a mission to provide trademark registration services for a reasonable, flat rate. Our experienced team works with individuals and businesses of all sizes, to protect their brands through trademark registration.
Since it’s founding in 2008, Gerben IP has worked with thousands of clients across the United States, including the Jersey City area. Whether you plan to open a bagel shop in The Heights or expand your marketing firm in Journal Square, Gerben IP is ready to assist you.
|# of Trademarks Filed
|# of Trademarks Filed
To some, Jersey City may seem like an extension of New York City, but the people who live and work in this bustling suburb know it is has a culture of its own. With new businesses popping up all over Jersey City, from the Hudson River to Lincoln Park, it’s a great time to start a new venture here. Many Jersey City entrepreneurs, in an effort to save time and money, may forgo trademark registration. However, overlooking this important step may cost more time and money down the road.
Consider this scenario: Joe decides to follow his dream of owning a food truck, with the hopes of selling hoagies and pizza by the slice to residents and workers from Downtown to Journal Square. He chooses the name Slice of the City and gets to work outfitting his food truck with the necessary equipment and plenty of signage. He also starts an Instagram account to promote his new venture. Joe’s heard of trademark registration, but he decides his food truck is simply too small to justify the cost.
After only a few weeks in business, Joe learns some upsetting news. A restaurant on Long Island recently trademarked the name for themselves, and they are within their rights as trademark owners to ask Joe to stop using it. Now Joe must park his truck and shutdown while he rebrands his business.
While trademarks, copyrights, and patents are all forms of intellectual property, each protects a different aspect of your business. Trademarks are anything that represents your brand in the marketplace. Business owners most commonly trademark things like business or product names, slogans, logos, and colors. Copyrights, on the other hand, protect creative works like novels, song lyrics, and works of art. Patents protect new and novel inventions.
Working with an experienced attorney can, in fact, increase your chances of approval. A study conducted by the University of North Carolina found that trademark applications submitted with the assistance of an attorney were up to 50% more likely to be approved by the USPTO. The process to register a trademark is filled with many detailed legal decisions, from conducting a comprehensive trademark search to drafting an application and responding to Office Actions. When you partner with a trademark attorney, you can ensure that the process runs smoothly from start to finish, with fewer issues along the way.
The USPTO no longer accepts paper trademark applications. All applications must now be submitted through the Trademark Electronic Application System, or TEAS. There are three types of TEAS applications: TEAS Regular-You can include any of the 47 International Classes, and you are not required to communicate with the UPSTO through email exclusively. TEAS RF-Include any of the 47 International Classes in this application, but you must only communicate with the USPTO via email. TEAS Plus-You will only be able to include International Classes that appear in a limited list, and you will only be able to communicate via email with the USPTO. This is, however, the least expensive application option.
It is possible to register a trademark that is similar to an existing mark, but only if there is no likelihood of confusion in the market place. For example, an airline and a faucet manufacturer were both able to register the trademark ‘Delta,’ because consumers are unlikely to confuse the two companies. If you are unsure about the availability of a particular mark, contact Gerben IP.
When a trademark application is filed correctly, the process to register a mark could take 8-10 months on average. However, if there are problems with the application, or if the USPTO needs to request additional clarification or information, it could take a year or more to gain approval. Working with an experienced attorney ensures that the process is done correctly the first time, resulting in fewer delays throughout the process.
The United States is a common law country, so you will have some basic trademark protections, even without registration. Those protections are likely not enough to protect your brand moving forward, however. You will only be protected in the small geographic region where your business is based, if you plan to expand into Philly or Boston in the future, you may find yourself infringing on another business there. You’ll also have a more challenging time asserting your trademark rights in legal proceedings. In order to have the presumption of validity nationwide, it’s important to register your trademark with the USPTO.
A federal trademark registration is beneficial to businesses of all sizes, from an individual with a single product to large corporations. Owning a registered trademark means that you will be able to maintain control of your brand, which is essential to small businesses that rely on customer loyalty and brand recognition. You’ll also be protected from infringing on other businesses. Forgoing trademark registration could lead you to expensive and time-consuming rebranding efforts or legal disputes in the future.
The USPTO reviews trademark applications and makes determinations about approval, but they will not monitor your trademark’s use once it’s been registered. As a trademark owner, this will be your responsibility. Fortunately, many law firms, including Gerben IP, offer trademark monitoring services. They will alert you to any potential infringement, and they will take appropriate legal action to stop it. Contact Gerben IP to learn more about our trademark monitoring services.
You can file a trademark application prior to selling your product or offering your service to the public. However, you will need to submit an Intent-to-Use form along with your application. Once your trademark registration has been approved, you will receive a Notice of Allowance from the USPTO, which means you’ll have six months to begin offering your product and submit a Statement of Use, or to file a six month extension. The USPTO allows you to file five extensions before you must submit a Statement of Use. If you are still not offering your product or service after that time, your trademark could be cancelled.
Brands often make changes and updates to their marks over time, but it’s important to know that your mark will only be protected as it appears in your trademark application. If you plan to make any changes to your trademark, be sure to file a new trademark application to gain protection for your new mark.