Trademark Attorney Services for Your Laredo Business

The top 5 questions Laredo businesses have about obtaining a trademark.

Is a trademark different from a copyright?

While both trademarks and copyrights are forms of intellectual property, each protects something different. A trademark, for example, protects the things that represent your brand, including business and product names, logos, slogans, and more. Copyrights, on the other hand, protect creative works, like art, novels, and song lyrics. If you are unsure about which aspects of your business would benefit from trademark registration, Gerben IP can assist you.

Do I need to wait until I’m offering my good or service to register my trademark?

No, there’s no need to wait to file your trademark registration. If you aren’t yet using your trademark in commerce when you submit your application, you will need to include an Intent-to-Use form along with your application. Once your trademark application has been approved by the USPTO, you’ll receive a Notice of Allowance, and you’ll have six months to submit a Statement of Use, documenting that you are now offering your product or service. If you still haven’t begun using your mark in commerce, you can file a six-month extension. Up to five six-month extensions are allowed before you must submit a Statement of Use or risk cancellation of your trademark.

How long does it take to register a trademark?

Typically, the process to register a trademark lasts around 8-10 months from start to finish. However, when problems arise with the application and more documentation is needed, it can take a year or more to gain approval with the USPTO. Working with an experienced attorney ensures that the process runs as smoothly and quickly as possible.

When will my trademark registration expire?

Your federally registered trademark will not expire, as long as you do two things. First, continue to use your trademark in commerce, just as it appears on your trademark application. Second, meet renewal deadlines. For new trademarks, the first renewal deadline will arise between the fifth and sixth year, and then again between the ninth and tenth year. After that, you’ll need to renew your trademark every ten years to maintain its protections. for more information, watch our video on how long a mark lasts.

Will my federally registered trademark protect my business in trademark disputes across the border?

No, your U.S. trademark will only protect your trademark in disputes that occur within the United States. If you do business outside the U.S., through sales, distribution, or manufacturing, you should consider registering your trademark in other countries as well.

Common misperceptions about trademarks heard around Laredo, TX.

Trademark registration doesn’t make sense for small businesses.

A registered trademark is beneficial to businesses of all sizes, including small businesses and even individuals offering a single product or service. For small businesses, the benefits of trademark registration include protection against infringement as you grow your brand and reputation, as well as the presumption of validity nationwide. This means that you can expand your business and reach customers across the country without fear of infringing on another business.

My trademark registration will only be rejected by the USPTO if another business is using a confusingly similar mark.

Not necessarily. While your application will be rejected if a confusingly similar mark is already in use, it may also be rejected for other reasons. For instance, the USPTO will not approve trademark registration for generic or descriptive words, so a business name of “Great Donuts” is likely to be rejected. Another reason for rejection could be that you’ve included the name of a celebrity without their permission. Work with an experienced trademark attorney to ensure that the mark you plan to file will likely be approved.

The primary role of the United States Patent and Trademark Office, or USPTO, is to review trademark and patent applications, make decisions about approval, and maintain the public records for trademarks and patents. Once your trademark registration has been approved, it is your responsibility to monitor your trademark’s use. This may seem like a time-consuming task, especially for new business owners. Fortunately, most trademark attorneys, including those at Gerben IP, offer trademark monitoring services to clients.The USPTO will let me know if another business is using my mark.

I can include all of my business’s trademarks on one application.

Each trademark application can include one trademark, so your business likely needs more than one application to register your marks. For example, your business name, product name, and logo will all be filed separately, so three applications will need to be submitted.

I Googled my business name and no other businesses are using it, so it’s available for registration.

Search engines like Google tend to only return exact matches to your trademark. Unfortunately, most trademark disputes arise from confusingly similar trademarks, not exact matches. Relying on Google could mean that you overlook other conflicting marks. Work with an experienced attorney that will conduct a comprehensive trademark search, revealing not only exact matches to your business name, but any marks that may cause a likelihood of confusion in the marketplace. If such conflicting marks are found, you’ll be able to make changes to your mark or select a different mark before submitting your application and paying your filing fees to the USPTO.