Trademark Attorney Services for Your Lubbock Business

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

Does my business have any trademarks?

Yes. Whether you are an individual with a single product or a business owner offering a variety of products or services, your business has trademarks. A trademark is anything that represents your brand in the marketplace. Common trademarks include business and product names, logos, slogans, and signature colors, but even smells and sounds can be protected through trademark registration if they represent your unique brand.

How can a trademark attorney help me register my trademarks?

The process to register a trademark involves a number of detailed legal decisions. An experienced trademark attorney will conduct a comprehensive trademark search, draft your application, and respond to non-substantive Office Actions on your behalf, all while you continue to focus on your business. Working with an attorney will ensure that the process will be done correctly and it’s likely to improve your chances of approval as well. A study conducted by the University of North Carolina found that trademark applications submitted with the help of an attorney were up to fifty percent more likely to be approved.

When will my trademark expire?

You can maintain ownership of your trademark indefinitely, as long as you continue to use it in the marketplace and meet renewal deadlines set by the USPTO. For new trademarks, the first renewal will occur between the fifth and sixth year, and then again between the ninth and tenth year. After that, you will need to renew your trademark every ten years to maintain your protections.

Is a registered trademark worth the cost?

A registered trademark is a small investment that could save you time and money in the future. First, with a registered mark, you won’t be infringing on another business. Without it, you may have to undertake a costly rebranding effort if you find you’ve been using another business’s mark. Your registered trademark will also provide you the presumption of validity nationwide, which means you’ll be able to grow and expand into other areas freely. In addition, a registered trademark is often a requirement of buyers and investors interested in purchasing your business later on, and you can sell your trademark just like any other asset. However, if budget is a concern, contact Gerben IP to learn more about our reasonable, flat rate trademark registration services.

How do I make sure my trademark is protected outside the U.S.?

In today’s global economy, it’s not uncommon to reach customers in other countries, but it’s important to know that your federally registered trademark will only protect you in disputes that occur within the United States. If you plan to sell or manufacture your product in other countries, you should consider seeking trademark protections in those countries as well. You can do this by submitting a trademark application directly with each country’s intellectual property office or by using the Madrid Protocol. This is an international treaty that allows an applicant to complete a single application in their home country which can then be applied to over 90 member countries.

Common misperceptions about trademarks heard around Lubbock, TX.

I should wait until my business is more successful to register my trademark.

Don’t wait until your trademark has been placed on your product labels, website, signage and more to learn that it is not available for use. Start the process to register your trademark as soon as you’ve narrowed down the list of possible marks to use. Work with an attorney to conduct a comprehensive trademark search to learn the availability of the mark you plan to use. Then, submit your application with the USPTO. The date you register will become your priority date, and anyone looking to file a similar mark after that date will not be approved. Waiting to register your mark will leave you vulnerable to infringement later on.

My trademark is protected throughout the U.S., even if I don’t register with the USPTO.

Your trademark will have some basic protections as soon as you use it in the marketplace, but only in the small geographic area where your business is located. If you plan to expand outside Lubbock in the future, you may be prohibited from using your mark in certain areas if existing mark is already in use there. In order to have the presumption of validity nationwide, you must register your trademark with the USPTO

I’m an inventor, so I should patent my product, not trademark it.

You will most likely need both patent and trademark protections for your invention. For example, you may need design and utility patents to protect how your invention looks and functions, but you’ll also want to consider trademark protections for your product’s name and your business name as well. If you are unsure about the IP protections you need, Gerben IP can assist you.

There’s no problem with me making updates to my logo.

Businesses often make updates to their trademarks, but it’s important to know that your logo is only protected as it appears in your trademark application. If you make changes to your mark, you will need to submit an updated trademark application.

Another business is infringing on my mark, because they’re using the same word I’ve registered.

RA federal trademark registration doesn’t necessarily give you exclusive rights to a particular word. For example, Dove is a trademark associated with both a chocolate company and a soap manufacturer. Because consumers aren’t likely to confuse the products or services both companies offer, both were approved to register the word. If you think a business may be infringing on your mark, Gerben IP can assist you.