*Please note that while Gerben Law Firm is not located in Tennessee, it can assist businesses from Tennessee in registering a federal trademark because it is a federal matter.
Gerben Law Firm was established in 2008 by trademark lawyer Josh Gerben. Since opening its doors, the attorneys at Gerben Law Firm have successfully registered thousands of trademarks for clients from across the country, including the Nashville area. Whether you own a sandwich shop in Murfreesboro or a tech company in Franklin, Gerben Law Firm can provide you professional trademark representation.
Federal Trademark Registration for Your Business
Testimonials from Our Clients in the Nashville Region
“I highly recommend The Gerben Law Firm for any trademark filings. Josh and his team are highly experienced, knowledgeable and service-oriented.”
– Peter A. Roselli
Chief Operating Officer, Bluewater Music Services Corp. – Nashville, Tennessee
Top 5 Questions Nashville Businesses Have About Obtaining and Protecting a Trademark
- What is a trademark?
- A trademark indicates that a good or service is associated with a specific business. Words, colors, symbols, logos, and even sounds can become registered trademarks. Once a federal trademark registration has been obtained, the owner has the presumption of nationwide validity without expiration, as long as the mark is used consistently and renewal deadlines are met.
- When should I file my trademark application?
- Begin the process to register your trademark as soon as possible. Many business owners wait until their business is up and running to consider filing a trademark, but ideally, it should be one of the very first actions you take. Before you decide upon a name, logo, or slogan, conduct a comprehensive trademark search to determine whether the mark is already in use. Then submit your application to the USPTO. The date you file will become your priority date, which means anyone looking to file a similar mark after that date will likely be rejected. It’s important to have trademark protections in place before you invest in branding your business or product.
- Does hiring a trademark attorney increase my chance of approval?
- Yes! Hiring a trademark attorney can increase your chances of approval with the USPTO. Not only will an experienced trademark attorney provide you with valuable legal advice throughout the process, a study by the University of North Carolina actually found that trademark applications submitted with the help of an attorney increased the likelihood of approval by 50%!
- Is my trademark kept secret while the USPTO reviews it?
- All trademark applications are part of the public record. These, along with any responses to and from the USPTO, will be posted to the United States Patent and Trademark Office’s website daily.
- Does a US trademark registration protect me in other countries?
- A trademark registered in the United States will only protect you in trademark disputes within the US. In order to protect your trademark internationally, you must register in other countries.
Common Misunderstandings about Filing Trademarks for Nashville Businesses
- Trademarks, copyrights, and patents are essentially the same.
- Each term represents a unique protection. Trademarks protect items such as business and product names, logos, and slogans. Alternatively, copyrights protect works of authorship, while patents protect inventions.
- I applied to register my business name. That is enough to protect my brand.
- While it is important to register your business name, it may not be enough to protect your brand. Consider everything that represents your product or business to your customers. Product names, slogans, logos, and signature colors all benefit from trademark registration. Only seeking registration for your business name could leave you open to infringement in other areas.
- The USPTO will alert me to possible infringement on my trademark.
- The USPTO approves trademark registrations, but they do not monitor or enforce trademark use. It’s the responsibility of the trademark owner to monitor a trademark’s use and to take legal action against potential infringement.
- I do not need permission to register a trademark with a public figure’s name in it.
- The USPTO requires written and signed consent for the use of any living person’s name in a trademark application. Any application submitted without consent will be denied.
The Number of Trademarks Registered by Nashville Businesses (by Year)
How many trademarks have Nashville, TN 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 Nashville Businesses
Nashville is a city rooted in history and looking to the future, making it a great place for business owners and entrepreneurs. Some small businesses, in an effort to save money, may do a quick Google search, decide that the business name is available, and proceed without hiring an attorney to conduct a more comprehensive search. This may seem like a cost effective strategy, but it could cost the business in the end.
Consider this scenario: Jake has a dream of opening an upscale music store in the Gulch, catering to tourists and residents of the high end condos in the area. After saving money and finding the perfect location, Jake’s dream is about to become reality. He decides on the name Swank Music and does a quick internet search of other music shops in the Nashville area. Then, he moves forward buying signage, uniforms, marketing materials, and even guitar picks bearing the store’s name. After a strong social media campaign, and days before the shop is set to open, Jake finds a cease-and-desist letter in the mail. Unfortunately, while Jake found no music stores in the area using the exact name Swank Music, an online guitar retailer was the owner of the trademark for Swanky Music Shop, and they were well within their rights to request Jake stop using the name.
As a business owner, it’s your responsibility to refrain from infringing on existing marks. By hiring an experienced trademark attorney, you can know the risk of a trademark before spending money to develop your product or service and market your business under that name. The attorneys at Gerben Law Firm can assist you in conducting a comprehensive trademark search and filing your application with our reasonable flat fee trademark services.