Trademark Attorney Services for Your Lancaster Business

The top 4 questions Lancaster businesses have about obtaining a trademark.

What is a trademark?

Anything that represents your brand in the marketplace can be a trademark. Common trademarks include business or product names, logos, and slogans, but even sounds, smells, and colors can be protected through trademark registration.

Do I need to work with an attorney?

The USPTO doesn’t require U.S. applicants to work with an attorney, but they strongly encourage it. Applications submitted with the help of a trademark attorney are often more thorough, and applications are drafted to provide the broadest range of protection. These applications are also more likely to be approved! In fact, a recent study by the University of North Carolina found that trademark applications submitted with the help of an attorney are 50% more likely to be approved.

What are Office Actions?

The United States Patent and Trademark Office, or USPTO, often issues Office Actions throughout the registration process. There are many reasons to receive an Office Action. Often, the USPTO is asking for clarification or additional materials. Sometimes, the Office Action is notification that your application has been rejected. Whatever the reason, it’s extremely important to respond appropriately and in a timely manner. If you’ve received an Office Action from the USPTO, contact us to determine your next steps.

What should I do if I think someone is infringing on my trademark?

If you think you’ve found potential infringement, it is best to contact a trademark attorney. Your attorney will examine the case and determine the best course of action. In many instances, a cease-and-desist letter is all that is needed, but occasionally more formal legal action will need to be taken.

Common misperceptions about trademarks heard around Lancaster, PA.

I registered my trademark with the State of Pennsylvania, so I do not need to register with the USPTO.

Registering with your state won’t hinder your federal registration, but it won’t provide full protection either. If you wish to expand your business outside the Lancaster area, you will need to obtain a federal trademark registration by filing with the USPTO. A federally registered trademark will give you the presumption of nationwide validity in all fifty states, and will help you in legal proceedings outside Pennsylvania.

My U.S. trademark will protect my brand in other countries.

Unfortunately, your federally registered trademark will not be protected outside the United States. To register your trademark in another country, you’ll need to file with that country’s trademark office. If you do business in other countries, you should strongly consider registering your trademark internationally.

Once I register a word, no one else will be able to use it.

This is not necessarily true. The USPTO will reject another trademark application if there could be a likelihood of confusion in the marketplace. In many situations, however, it’s possible for two businesses to use the same trademark without the possibility of confusion. For example, Delta is a trademark used by both an airline and a faucet manufacturer. Since consumers aren’t likely to confuse the two businesses, they are free to use it. Contact Gerben IP if you are unsure whether another business may be infringing on your mark.

I did my own Google search of my trademark, so I don’t need a search done by a trademark attorney.

A simple internet search, like one done through Google, will likely not be comprehensive enough to determine whether a mark is available for registration. In fact, most search engines will only return exact matches, though many trademark disputes arise from marks that may be confusingly similar, not exact matches. Trademark attorneys have access to a more sophisticated search software that will reveal both exact and similar matches to your trademark.

The symbols “TM” and “®” mean the same thing.

These symbols are each used to represent a trademark at different stages of registration. The ® shows that a trademark has been federally registered. Don’t use this symbol until your mark has been approved by the USPTO. You may be anxious to so, but it’s important to know that using the ® symbol before your mark has been registered is a violation of federal law and could lead to your application being cancelled. While you wait for approval from the USPTO, you are free to use the ™ symbol.