Trademark Attorney Services for Your Kansas City Business

The top 4 questions Kansas City businesses have about obtaining a trademark.

Do I need to register my trademark?

The United States is a first-to-use country, so you will have some rights to your mark as soon as you use it, even if it’s not registered. However, registering your trademark with the USPTO provides more protections. For instance, common law trademark protections allow you to use the mark freely in the small region the business is located, while a registered trademark provides nationwide validity. So if you plan to expand outside the Kansas City area one day, you’ll need a federally registered trademark.

How long does it take to register a trademark?

It typically takes around 8-10 months from start to finish to register a trademark. In certain circumstances, however, it can take a year or more to obtain trademark registration. That’s why it’s important to start the process as soon as possible.

Will working with an attorney help me to get approved?

Absolutely! Working with an attorney will streamline the process and ensure that you are submitting the right information the first time, which should aid in approval. Don’t just take our word for it, though. A study conducted by the University of North Carolina found that trademark applications submitted with the help of a trademark attorney were 50% more likely to be approved by the USPTO.

What is the USPTO?

The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. They examine applications for trademarks and patents and approve their registration. They also maintain the records for patents and trademark registrations.

Common misperceptions about trademarks heard around Kansas City, KS.

My U.S. trademark will protect me against infringement in other countries.

Unfortunately, this is not the case. A trademark registered in the United States will only protect you in disputes that arise in this country. Companies that conduct business outside the U.S., either through direct sales, manufacturing, or distribution, should strongly consider filing for trademark registration in those countries as well.

I registered my business name, and that is enough to protect my business.

Filing for trademark registration of a business name is a great start, but it is likely not enough to protect your brand. A trademark is anything that represents your brand in the marketplace. Yes, a business name does this, but so do product names, logos, slogans, and even signature colors. Work with a trademark attorney to determine which aspects of your business would benefit from trademark registration.

Another business registered the trademark I planned to use, so now I cannot use it.

This is not necessarily true. The USPTO will reject a trademark application if the mark is confusingly similar to an existing mark, but if there is no likelihood of confusion, you may be able to register the mark as well. For instance, United Van Lines and United Healthcare both use the trademark United, because it’s unlikely that consumers would confuse the trucking company with the insurance provider. Speak with a trademark attorney to learn about the availability of a particular mark.

I did a Google search and no one is using my trademark, so I’m free to use it.

A Google search is not a reliable trademark search. Google will typically only reveal exact matches to your mark. Most trademark disputes, however, are caused by similar marks, not exact matches. It’s best to conduct a trademark search with the assistance of a trademark attorney, whose software will reveal not only exact matches, but similar matches to your business name, product name, logo, or slogan as well.

The USPTO will tell me if someone is trying to use my trademark.

The USPTO will not alert you to potential infringement. As a trademark owner, it will be your responsibility to monitor your trademark’s use and take action against potential infringement. Fortunately, most trademark attorneys, like those at Gerben IP, offer services to monitor your mark and will work with you to take legal action if necessary.