Trademark Attorney Services for Your Kansas City Business

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

How is a trademark different than a patent or copyright?

All three are forms of intellectual property, but each protects something different. A trademark protects anything that represents your brand. Common trademarks include logos, slogans, and business or product names. Patents, on the other hand, protect new and novel inventions, while copyrights protect works of authorship, like song lyrics, poetry, and art.

How long does a trademark last?

Your trademark will never expire as long as you continue to use the mark and you meet renewal deadlines set by the United States Patent and Trademark Office, or USPTO. For new trademarks, the first renewal date occurs between the fifth and sixth year, and then again between the ninth and tenth year. After that, you will need to renew your trademark with the USPTO every ten years. (read our blog post detailing the specifics of trademark length)

What is a priority date?

The date you submit your application to the USPTO will become your priority date. Anyone looking to file a similar mark after your priority date will likely be rejected. This is one reason it is so important to start the registration process as soon as possible.

What’s the purpose of a trademark search?

A trademark search should be conducted before you submit your application to determine if a similar mark is already in use. Work with an attorney to conduct a comprehensive search to find any exact or similar matches to the trademark you hope to register. If you find a match, you can work with your attorney to make changes to your mark before you submit your application. Often, only small changes to your mark need to be made, but occasionally, more extensive changes are required.

Will my registered trademark protect me in other countries?

Your U.S. trademark provides valuable protections in the United States, but it will not protect you in disputes that occur outside the country. If you sell your product in other countries, or if you manufacture or distribute the product overseas, you should strongly consider registering your mark in those countries as well.

Common misperceptions about trademarks heard around Kansas City, MO.

The process to register a trademark is fairly easy, so I can manage it myself.

You can find several sites online advertising inexpensive DIY trademark registrations. While that may seem like a cost effective option, it may cost you more in the long run. Trademark registration is a detailed legal process involving an in depth trademark search, drafting an application, and responding to Office Actions. The likelihood that an application submitted without an attorney will be rejected is higher, as well, which leads to additional costs to refile in the future. Working with an experienced attorney ensures that the process is done correctly the first time.

I should wait to register my trademark until I start actually making a profit.

It’s understandable that you are concerned about your budget as you open your business. However, it is best to start the trademark registration process as soon as possible. The date you submit your application will become your priority date, which will protect you from similar marks being registered in the future. You’ll also ensure early on that the mark you plan to use is available. Waiting to register your mark could leave your business open to infringement later on.

I should register for as many international classes as possible.

The USPTO has 45 international classes of goods and services, and it may seem like a good idea to include as many of those classes as possible into your application. Unfortunately, that’s not the best idea. First, registration costs are determined based on the number of classes you file, which means the more classes selected, the higher the registration fees. In addition, filing for too many classes could cause your trademark application to be rejected by the USPTO. It’s best to choose only the classes that represent the goods and services you currently offer or plan to offer in the near future.

Only words and symbols can become registered trademarks.

Words, including business or product names, and symbols, like logos, are some of the most common trademarks, but many non-traditional trademarks can be registered as well. Sounds, smells, and even colors can all be registered trademarks as long as you can demonstrate that they represent your brand. Learn about things that cannot be trademarked.