*Please note that while Gerben Law Firm, PLLC is not located in Newark, it can assist businesses from New Jersey in registering a federal trademark because it is a federal matter.

Trademark attorney Josh Gerben founded Gerben Law Firm in 2008. Since that time, Gerben and his team of experienced attorneys have registered thousands of trademarks for individuals and businesses of all sizes, in all fifty states, including the Newark area. Whether you plan to open a wine bar in Forest Hill or expand your plumbing business into West Orange Township, Gerben Law Firm is ready to assist you.

Federal Trademark Registration for Your Business

• Trademark Testimonials
• Top Questions about Obtaining a Trademark
• Misconceptions about Filing Trademarks
• Number of Trademarks Registered in Newark, NJ
• Trademark Services offered to Newark Clients
• Additional Information on Trademark Registration

Testimonials from our Clients in the Newark Region

“Josh Gerben exemplifies professionalism. He is an expert in his field, he is responsive and a pleasure to work with. I highly recommend him as a resource for all of your trademark related needs.”

– Dawn W. Stith, Principal, LLC – IntegrityWise Consulting, LLC near Trenton, NJ

Top Questions Newark Businesses Have About Obtaining a Trademark

• What aspects of my business should be registered trademarks?
  • Most business owners have multiple trademarks. A trademark can be anything that indicates a certain product or service represents your specific brand. Common trademarks include business names, logos, or slogans, but even non-traditional trademarks, like sounds, smells, and colors, can be registered as well.

• How long does it take to register a trademark?
  • From start to finish, the trademark registration process takes around 8-10 months on average. In some instances, though, it can take a year or more to gain approval from the USPTO.

• Why should I hire a trademark attorney?
  • The process to register a trademark is both detailed and time consuming. When you work with a trademark attorney, you can remain focused on growing your business with the confidence that your registration is being managed by an experienced professional. Your attorney will conduct a thorough search, draft your application, and even respond to non-substantive Office Actions on your behalf. Because of this, your likelihood of approval will increase significantly. In fact, a study by the University of North Carolina found that applications submitted with the help of a trademark attorney are fifty percent more likely to be approved by the USPTO!

• What is a priority date?
  • The date that you submit your application to the USPTO will become your priority date, which gives you priority to the mark you hope to register. Anyone looking to file a confusingly similar mark after your priority date will not be approved by the USPTO.

• What should I do if I suspect another business is infringing on my trademark?
  • In order to maintain control of your trademark, it’s important to take immediate action against infringement. However, it’s best to work with an experienced trademark attorney to monitor your mark’s use and determine the best course of legal action to take if infringement is found. In many cases, a cease-and-desist letter drafted by your attorney is enough to put the infringer on notice, but in certain situations, more formal legal action will need to be taken.

Common Misunderstandings about Filing Trademarks for Newark Businesses

• Trademarks, copyrights, and patents are essentially all the same.
  • Trademarks, copyrights, and patents are all forms of intellectual property, but they protect very different things. Trademarks protect items like business or product names, slogans, and logos. Alternatively, copyrights protect works of authorship, including art, song lyrics, and novels, while patents protect inventions.
• I registered my trademark with the State of New Jersey, so that is enough to protect my brand.
  • State trademark registration won’t hinder your federal registration with the UPSTO, but your trademark will only be protected in New Jersey. Obtaining a U.S. trademark registration may be more difficult, but you’ll gain the presumption of nationwide validity, not just the limited protections provided by the state.
• I should wait until my business is making a profit to register my trademark.
  • The best time to register your trademark is before your business is even open. Before you invest in signage, product labeling, and advertising, you should know that your mark will be protected. Understandably, budget is a concern when starting a new business, which is why Gerben Law Firm offers professional trademark registration services at a reasonable, flat rate.
• Only large businesses should consider international trademark registration.
  • Federal trademark registration is important for businesses of all sizes. Small businesses benefit by being protected from other businesses using a confusingly similar mark. They will also have the assurance that they are not infringing on an existing mark, and they’ll have the presumption of nationwide validity needed to expand to other regions in the future.

The Number of Trademarks Registered by Newark Businesses (by Year)

How many trademarks have Newark, NJ businesses registered over the years? Gerben Law Firm collected the following data.

*data was gathered from the USPTO’s public database

Types of Trademark Services We Offer

• • • Trademark Search Services
    • Trademark Registration Services (filing services, application services)
    • Trademark Renewal Services
    • Trademark Monitoring Services (trademark protection services)
    • Trademark Office Action Services
    • Trademark Portfolio Management Services
    • Trademark Opposition Proceeding Services
    • Trademark Enforcement / Litigation Services

Additional Information on Trademark Registration for Newark Businesses

Newark, also known as the Gateway City, has long been a hotspot for entrepreneurs. If you are looking to open your own business in the Newark area, you’ve probably focused the majority of your time developing your product, selecting the perfect location, and hiring the best employees. All of these steps are essential to your business’s future success, but don’t overlook another critical step: trademark registration.

Consider this scenario: Paul is a student at Rutgers that needs to make some extra money. He decides to start advertising his services making websites for other students and recent grads in the Newark area. He’s heard of trademark registration, but Paul doesn’t see the value in registering a trademark for his side business. However, he does decide on a name for his venture, Click Creative, and prints out several fliers and business cards to hand out around campus.

Paul sees instant success and grows his client list quickly. After graduation, he decides to turn his side gig into a full time business and begins advertising his services outside Newark. After several months, Paul is surprised to receive a cease-and-desist letter in the mail. Unfortunately, another web design firm in Brooklyn, Creative Clicks, has been using a confusingly similar trademark for years. Because they registered with the USPTO, they are well within their rights to ask Paul to stop using the business name Click Creative. Now he must invest time and money rebranding his business while hoping to retain the clients he’s worked so hard to get.

By working with an experienced trademark attorney to register a trademark, even small businesses like Paul’s can move forward in confidence, knowing that they can invest time and money in their business without the risk of infringement. At Gerben Law Firm, we work with businesses of all sizes. Contact us today to learn more about trademark registration.