Trademark Attorney Services for Your Paradise Business

The top 5 questions Paradise businesses have about obtaining a trademark.

What exactly is a trademark?

A trademark is something that represents your brand in the marketplace. Anything from business and product names to logos and slogans can become registered trademarks. Even colors, sounds, and smells can be trademarks as long as they represent your brand. When a trademark is registered with the USPTO, it is protected from infringement and gains the presumption of validity nationwide.

How will I know if my business name is available for registration?

The USPTO will not approve your business name if a confusingly similar name is already in use. In order to find this out before you submit your application and pay your filing fees, work with your attorney to conduct a comprehensive trademark search. If you find that a similar mark is already in use, you can make changes to your mark or create a completely new one to ensure that you won’t infringe on another business or risk rejection of your trademark application. Gerben IP offers search services.

How long does it take to register a trademark?

Once you submit your trademark application to the USPTO, the process typically takes around 12-15 months. In some situations, however, it can take even longer to obtain approval of your registration, particularly if the application was completed incorrectly or missing important information. Working with a trademark attorney helps your application to be submitted correctly the first time, which cuts down on delays throughout the process. Read our in-depth post for additional information on registration length.

What is a priority date?

The date you submit your application to the USPTO will become your priority date. Anyone looking to file a confusingly similar mark after that date will not have their application approved. One benefit of starting the registration process early is locking in this valuable protection as soon as possible.

When will I need to renew my trademark?

For new trademarks, you’ll need to renew your mark with the USPTO between the fifth and sixth year, and then again between the ninth and tenth year. After that, you’ll be required to renew your trademark every ten years and continue to use it in the marketplace to maintain your valuable trademark protections. Failing to do so could result in the cancellation of your trademark.

Common misperceptions about trademarks heard around Paradise, NV.

Trademark registration is easy, so I don’t need to work with a trademark attorney.

While U.S. citizens aren’t required to work with trademark attorneys, doing so can be extremely beneficial. The process to register a trademark involves many detailed decisions, and knowledge of intellectual property law is extremely helpful. When you partner with an experienced trademark attorney, you can trust that each step, from conducting a trademark search to responding to Office Actions, is done correctly, and it may even increase your likelihood of approval. A study conducted by the University of North Carolina found that trademark applications submitted with the help of a trademark attorney were up to fifty percent more likely to be approved.

Another business is infringing on mine because they are using the same business name.

Not necessarily. It’s possible for two businesses to use the same name as long as there isn’t a likelihood of confusion between the two. For example, Pandora is the name of both a music streaming service and a jewelry brand. Because the products and services offered by both businesses aren’t likely to be confused, each is free to use the name, Pandora. If you are unsure about the availability of a particular mark, Gerben IP can assist you.

I don’t need to register my trademark in other countries.

In today’s global economy, it’s likely you’ll do business outside the United States at some point in the future, either through sales, distribution, or manufacturing. Unfortunately, your federally registered trademark will not protect you in disputes that occur outside the U.S. It can, however, be a springboard to international registration. Once you’ve submitted your application with the USPTO, you can then submit your application outside the United States, either by applying directly with each country’s trademark office or by using the Madrid Protocol. This international treaty allows registrants to file a single application that can then be applied to over 90 member countries. Approval is then made on a country-by-country basis. Learn more about why you should consider registering internationally.

I don’t have time to monitor my trademark.

Business owners are always working, and it may seem like you can’t afford to fit trademark monitoring into your busy schedule. In most cases, though, you can’t afford not to monitor your mark. When someone knowingly or unknowingly uses your mark, it could damage your brand’s reputation and steer loyal customers away. Fortunately, most trademark attorneys, including those at Gerben IP, offer monitoring services to clients. We’ll alert you to potential infringement and assist you in taking legal action when needed, as well.

I should trademark my business name but copyright my logo.

Because both your business name and your logo represent your brand in the marketplace, both are considered trademarks and should be registered with the USPTO.