Trademark Attorney Services for Your Milwaukee Business

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

How are trademarks, copyrights, and patents different?

Trademarks, copyrights, and patents are all forms of intellectual property, but each protects a different aspect of your business. Trademarks are anything that represents your brand in the marketplace, including business names, logos, slogans, and even colors or sounds. Copyrights, on the other hand, protect creative works, like novels, song lyrics, and pieces of art, while patents protect inventions. Learn more about our patent services.

Do I need to register my trademark with the USPTO to be protected?

The United States is a first-to-use country, which means you could have some limited protections to your mark simply by using it in public. It’s important to know, however, how limited these common law protections truly are. For instance, you will only be protected in trademark disputes that occur within the Milwaukee region. If you plan to expand to other areas in the future, then, you could be locked out of certain markets if similar marks are in use. In addition, you may have a more challenging time defending your trademark rights in court. In order to have the presumption of nationwide validity, and the freedom to use your mark anywhere in the country, you need to register your mark with the United States Patent and Trademark Office, or USPTO.

Can hiring a trademark attorney increase my chance of approval?

Yes, it can! When you partner with an experienced trademark attorney, your trademark search will be more comprehensive and your application will be filed correctly the first time, both of which can contribute to a higher likelihood of approval. A recent study confirms this, as well. The University of North Carolina found that trademark applications submitted with the help of an attorney were fifty percent more likely to be approved!

Will my federally registered trademark protect me in disputes outside the U.S.?

In short, no. Your federally registered trademark will provide you valuable protections for your trademark, but those protections can only be enforced in disputes within the United States. If you do business outside the U.S., you should strongly consider registering your trademark in the countries your business reaches.

Common misperceptions about trademarks heard around Milwaukee, WI.

I registered my trademark with the State of Wisconsin, so there’s no need for a federal registration.

Registering your trademark with the State of Wisconsin won’t hinder your federal registration, but it will not provide the same protections. The process to file your trademark application with the USPTO is often more detailed and complicated, but a federal registration will provide the presumption of nationwide validity for your mark.

I registered my business name, and that is enough to protect my business.

Obtaining trademark registration for your business name is certainly an important component of protecting your business, but it’s likely not the only trademark you’ll need to register. A trademark can be anything that represents your brand, which does include business names, but also product names, logos, slogans, sounds, colors, and even sounds.

My competitor’s trademark is not registered, so I can register it to prevent them from using it.

If your competitor has been using the trademark in public, even if it has not been registered, they likely have some common law rights to it. In addition, knowingly registering a trademark that does not belong to you is a fraud, and could result in both a cancellation of your mark and potential legal liability.

I should register for as many International Classes as possible.

Filing for many classes could increase the likelihood that your application is denied, and it could cost you more in filing fees as well. When selecting International Classes, it’s best to limit your classes to the goods and services that you are currently offering or plan to offer in the very near future.

The USPTO will let me know if someone is using my trademark without my permission.

The USPTO examines trademark applications and grants registration approvals, but they do not monitor your trademark’s use or enforce its exclusivity. That is the responsibility of a trademark owner. Fortunately, most trademark attorneys provide monitoring services and will let you know if potential infringement arises. They will also work with you to determine the best course of action if infringement is found.