*Please note that while Gerben Law Firm, PLLC is not located in Mesa, it can assist businesses from Arizona in registering a federal trademark because it is a federal matter.
Gerben Law Firm was founded in 2008 by trademark attorney Josh Gerben. Since that time, Gerben and his team have registered thousands of trademarks for individuals and businesses of all sizes. We represent clients in all fifty states, including the Mesa, Arizona area. Whether you plan to open a bistro in Dobson Ranch or expand your landscape design firm in Alta Mesa, Gerben Law Firm is ready to assist you in registering and monitoring your trademark.
Federal Trademark Registration for Your Business
Top 5 Questions Mesa Businesses Have About Obtaining and Protecting a Trademark
- What does a trademark do?
- A trademark represents your brand in the marketplace. Common trademarks include business or product names, slogans, and logos. Once your trademark is registered with the USPTO, you will have important protections against infringement, which allow you to maintain control of your brand in public.
- What is the USPTO?
- The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. The USPTO registers and maintains the records of patents and trademarks. However, they do not enforce the exclusivity of your trademark’s use. As a trademark owner, that is your responsibility.
- How long does it take to register a trademark?
- On average, the trademark registration process takes about 8-10 months from start to finish. It can, however, take a year or more to obtain approval from the USPTO. Fortunately, though, you may have some limited protections as soon as you submit your application. That’s because the date you file will become your priority date. Anyone looking to register a similar trademark after that date will not gain approval from the USPTO.
- When can I start to use the ® symbol?
- Once your trademark application has been approved by the USPTO, you will be free to use the ® symbol. Until that time, you can use the ™ symbol. It can be tempting to use ® earlier, but it’s important to know that using it before your mark has been approved is a fraud and could be grounds for cancellation of your trademark application. Watch our video explaining the differences between the trademark symbols here.
- What should I do if I think someone is infringing on my trademark?
- If you think another business may be infringing on your mark, it’s important to take quick action. Because stopping infringement is so important, though, it’s best to work with a trademark attorney who can evaluate the situation and take the appropriate action. In many cases, a cease-and-desist letter drafted by your attorney is enough to put the infringer on notice, but occasionally more formal legal action will need to be taken.
Common Misunderstandings about Filing Trademarks for Mesa Businesses
- Only large businesses benefit from trademark registration.
- A trademark registered with the USPTO provides important protections to all businesses, regardless of size. Small businesses that rely on customer recognition and brand loyalty could lose customers and profits if another business uses their trademark. They could also be restricted from expanding to other areas if a similar mark is already in use there. Gerben Law Firm works with both large and small businesses, offering professional trademark services for a reasonable flat rate.
- Another business is using the same trademark, so I cannot register it for myself.
- This is not necessarily true. The USPTO will consider similar trademark registrations, as long as they would not cause a likelihood of confusion in the marketplace. For example, both Delta Airlines and Delta Faucets are able to use the trademark ‘Delta’ because there’s little chance that a customer might confuse the airline with the faucet manufacturer.
- International trademark registration isn’t important for my business.
- In today’s global economy, international trademark registration has become more important than ever. Even small companies can find themselves doing business in other countries, through online sales, distribution, and manufacturing. In order to ensure that your trademark is protected outside the U.S., you will need to register your trademark in other countries. Contact Gerben Law Firm to learn more about the process to register your trademark internationally.
- Using a DIY legal site is just as effective as working with an attorney.
- Taking the DIY approach may seem like a simple, cost effective option, but unfortunately, that’s often not the case. The trademark registration process is both detailed and time consuming, and many business owners find that their initial do-it-yourself trademark application is not approved by the USPTO, which means they will then need to re-apply and pay additional fees. Working with a trademark attorney from the beginning ensures that the process runs smoothly and increases your chances of approval as well.
The Number of Trademarks Registered by Mesa Businesses (by Year)
How many trademarks have Mesa, AZ businesses registered over the years? Gerben Law Firm collected the following data.
||# of Trademarks Registered
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Mesa Businesses
With the rapid growth in Maricopa Country in the last few years, it’s an exciting time to open a business in Mesa, Arizona! When opening your Mesa based business, you may first focus on product development, location, and marketing. All are important to your future success, but don’t forget to protect your start-up with trademark registration.
Imagine this scenario: Maggie and Joe are recent retirees who decide to open a shaved ice shop near their home in Red Mountain Ranch. They do some research on local competitors and know that no one else in the area is using the name Red Mountain Ice, so they move forward furnishing the shop, hiring employees, and purchasing signs, menus, bowls, and cups, all with the Red Mountain Ice logo. They’ve heard about trademark registration, but decide their business is just too small to justify the time and expense.
If Maggie and Joe had taken the time to conduct a trademark search and register with the USPTO, they would have learned that another business in the area, Red Mountain Ice Cream and Smoothies, while not using the exact same mark, registered a confusingly similar mark years before. Now the owner of the ice cream and smoothie shop is well within his rights to ask the couple to stop sales and rebrand. Now, they must spend additional time and money on a rebranding effort.
As you can see, even small businesses like Red Mountain Ice can benefit from trademark registration. Contact Gerben Law Firm to learn more about our reasonable, flat rate trademark registration services.