*Please note that while Gerben Law Firm, PLLC is not located in Oklahoma City, it can assist businesses from Oklahoma in registering a federal trademark because it is a federal matter.
Gerben Law Firm was founded by trademark attorney Josh Gerben in 2008. Since that time, Gerben and his team have registered thousands of trademarks for clients across the country, including the Oklahoma City area. Our experienced team works with individuals and businesses, large and small, so whether you want to open a salon in the Paseo or an architecture firm in Edmond, Gerben Law Firm is ready to assist you throughout the trademark registration process.
Federal Trademark Registration for Your Business
Top 4 Questions Oklahoma City Businesses Have About Obtaining a Trademark
- What is a trademark?
- A trademark is a form of intellectual property. It can be anything that shows that a product or service is associated with a certain business or brand. Common trademarks include words, logos, and slogans, but even colors, sounds, and smells can be protected with trademark registration.
- How long does it take to register a trademark?
- What is a priority date?
- A priority date is assigned to you the day you submit your application to the USPTO. It essentially locks in some limited protections of your mark while your application is pending. Anyone looking to file a confusingly similar mark after your priority date will likely have their application rejected. This is one reason it is important to start the registration process as soon as possible.
- Will working with a trademark attorney increase my chances of approval?
- Yes! An experienced trademark attorney will conduct a thorough trademark search (learn more on how to complete a trademark search), prepare your application, and respond to all non-substantive Office Actions on your behalf. This ensures the application process runs smoothly and increases your chances of approval. In fact, a study by the University of North Carolina found that applications submitted with the assistance of a trademark attorney had a 50% greater likelihood of approval!
Common Misunderstandings about Filing Trademarks for Oklahoma City Businesses
- I registered my trademark with the State of Oklahoma, so I don’t need to register with the USPTO.
- Your state registration is likely not enough to protect your brand. While you’ll have some limited protections within Oklahoma, you may be restricted from expanding to other states if a confusingly similar mark is already in use there. In order to have the presumption of validity nationwide, you must register your trademark with the USPTO. Learn more about the what the benefits are for federal trademark registration.
- I am fully protected because I applied to protect my business name.
- Filing for trademark registration for your business name is important, but it may not be enough to protect your brand from infringement. A trademark can be anything that represents your brand, so don’t forget your product name, logo, slogan, and even your signature color. Each of these marks should also be registered with the USPTO.
- My trademark will protect my business in disputes overseas.
- Your federally registered trademark provides valuable protections within the U.S., but you won’t be protected overseas. If you do business in another country, whether though sales, manufacturing or distribution, you should strongly consider seeking trademark registration in that country.
- Trademarks, copyrights, and patents are all essentially the same thing.
- All three are forms of intellectual property, but each protects a different aspect of your business. Trademarks can be anything that represents a brand, like names, logos, and slogans. Copyrights, however, protect works of authorship, including poetry, art, and music lyrics, while patents protect new and novel inventions.
- The symbols “TM” and “®” mean the same thing.
- These symbols each represent a trademark at a specific stage of registration. The ® indicates that a trademark has been federally registered. Don’t use this symbol until your mark has been approved by the USPTO. While your application is pending, you are free to use the ™ symbol. You may be tempted to use the ® symbol right away, but it’s important to know that using it before your mark has been registered is a violation of federal law, and it could ultimately lead to your trademark application being cancelled.
The Number of Trademarks Registered by Oklahoma City Businesses (by Year)
How many trademarks have Oklahoma City, OK 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 Oklahoma City Businesses
Many Oklahoma City business owners take a do-it-yourself approach to starting their business. While this might be great for web development or location design, it may not be the best option for trademark registration.
Consider this scenario: Alex wants to open a food truck to serve workers and visitors between Midtown and the Boathouse District. He wants to honor the heritage of Oklahoma City by serving ranch style food, inspired by the cowboys and ranches that once covered much of the city. Because of this, he chooses the name Cattleman’s Grill, and he gets to work outfitting the truck and developing a menu. Alex has heard of trademark registration, and he decides to save money by starting the process on his own. Instead of a comprehensive search conducted by an attorney, Alex does a quick Google search of the Oklahoma City area. He finds that no other food truck is using Cattleman’s Grill, so he proceeds with opening his food truck.
Alex and the Cattleman’s Grill find quick success, and he’s considering opening a new truck to serve the northern part of the city, when he learns some devastating news. While no other food trucks were using the name, a restaurant in Norman, Cattlemen’s Bar and Grill, finds the name to be confusingly similar to their own registered trademark. They send a cease-and-desist letter, asking Alex to stop using the name immediately, and he is forced to close up shop and rebrand, which is both costly and time consuming.
By working with a trademark attorney from the beginning, Alex would have learned of the Norman restaurant through a comprehensive trademark search, and he would have had the opportunity to select a different name before branding his business. Contact Gerben Law Firm to learn more about our reasonable, flat rate trademark registration services.