Trademark Attorney Services for Your Long Beach Business

The top 5 questions Long Beach businesses have about obtaining a trademark.

Who needs a trademark?

A trademark is anything that protects your brand, like a business or product name, logo, or slogan. Business owners and individuals that have created or are developing a brand should consider registering their trademarks with the USPTO. The attorneys at Gerben IP will work with you to determine which aspects of your brand will benefit from trademark registration.

How long does it take to register a trademark?

Trademark registration usually takes around 8-10 months from submitting the application to being approved by the USPTO. In some instances, however, it can take a year or more to gain approval. Fortunately, you could have some protections on your mark as soon as you file your application. That is because the date you register will become your priority date. Anyone looking to file a similar trademark after that date could be rejected.

What are the benefits of working with an attorney to register a trademark?

While working with an attorney is not required by the USPTO, it comes with many benefits. First, trademark attorneys have access to sophisticated software for conducting comprehensive trademark searches, and if a search reveals a similar mark is in use, your attorney will assist you with making changes to your mark. Your attorney will then draft your application to help you obtain broad protections, and they’ll respond to most non-substantive Office Actions on your behalf. Most importantly, while your attorney manages your trademark registration, you can continue to focus on growing your business.

Do I have a higher chance of approval if I use a trademark attorney?

According to a recent study, yes. An experience trademark attorney has the expertise to guide you throughout the process without experiencing common pit-falls and mistakes. This means that your application will be filled out correctly and quickly, speeding up the process. A study by the University of North Carolina found that trademark applications submitted with the assistance of an attorney are actually 50% more likely to be approved by the United State Patent and Trademark Office (USPTO).

Can I register a mark if someone else is already using it?

In some instances, you may be able to register a trademark, even if someone else is using it. The USPTO will reject a trademark application if it could cause a likelihood of confusion with an existing mark, but not all similar marks could cause consumer confusion. For instance, United Airlines and United Healthcare both use the trademark ‘United’ because consumers are not likely to confuse an airline and an insurance company. If you are unsure about whether your mark is available for registration, contact Gerben IP.

Common misperceptions about trademarks heard around Long Beach, CA.

I registered my trademark with the State of California, so my mark is fully protected.

While registering in California doesn’t hinder your trademark protection, it won’t protect your mark in disputes that occur outside the state. The process to apply for a U.S. trademark is typically more complicated than registering with the state, but you will have the presumption of nationwide validity.

A Google search is a sufficient trademark search.

Google searches, or any free online search source, is likely not comprehensive enough to reveal potential conflicts. These free searches typically only reveal exact matches to your business name, product name, or slogan. Unfortunately, most trademark disputes are caused by similar trademarks, not exact matches. In addition, conducting a trademark search on a logo, sound, smell, or signature color can be extremely difficult with free search engines. To ensure that all possible matches to your trademark are found, it’s best to work with a trademark attorney.

The USPTO will let me know if someone else is infringing on my mark.

The USPTO will register your trademark, but they will not police its use or take action against infringement. As a trademark owner, these will be your responsibilities. However, most trademark attorneys, including Gerben IP, offer services to help you monitor your trademark’s use and take legal action against potential infringement.

I registered my business name, so my brand is protected from infringement.

Registering your business name is an important first step in protecting your brand, but it may not be enough to do so on its own. Consider all aspects of your business that represent your brand, including product names, logos, slogans, and even colors. These should also be registered with the USPTO to ensure your brand remains in your control.

My federally registered trademark will protect me in cases of infringement in other countries.

Your U.S. trademark provides valuable protections of your mark, but only within the United States. If you do business outside the U.S., whether through sales, manufacturing, or distribution, you should strongly consider international registration. To register your mark in another country, you can file directly with the country’s trademark office or utilize the Madrid Protocol.