Trademark Attorney Services for Your Jersey City Business

The top 5 questions Jersey City businesses have about obtaining a trademark.

How is a trademark different from a copyright or patent?

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.

Will working with an attorney increase my chance of approval?

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.

Which application type should I use to register my trademark?

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.

Can I register my business name if another business is using a similar name?

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.

How long does it take to register a trademark?

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.

Common misperceptions about trademarks heard around Jersey City, NJ.

I don’t need to register my trademark with the USPTO to protect my brand.

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.

Trademark registration is only for large businesses.

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 will let me know if someone is using my trademark without my permission.

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.

I can’t register my trademark until I start selling my product or offering my service in the marketplace.

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.

It’s okay to change my trademark over time.

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.