*Please note that while Gerben Law Firm is not located in Arizona, it can assist businesses from Arizona in registering a federal trademark because it is a federal matter.
Gerben Intellectual Property was founded by trademark attorney Josh Gerben in 2008. Since that time, Gerben and his team of experienced trademark attorneys have registered trademarks for thousands of clients, including individuals and businesses of all sizes. We work with clients across the United States, including the Phoenix area, so whether you want to open a boutique in Arcadia or expand your insurance company in Chandler, Gerben Intellectual Property is ready to assist you.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Phoenix Region
“Josh is very prompt and helped us getting multiple Trademarks registered quickly. His process for Trademarks application to approval is very smooth, time tested and very efficient. Our trademarks registration was done very economically by Josh. With confidence we are progressing with more trademark registrations with the help of Gerben Law Firm.”
– Shyam Byra, CEO
SQA Labs, Inc. – Phoenix, AZ
Top 5 Questions Phoenix Businesses Have About Obtaining and Protecting a Trademark
- What does a trademark protect?
- A trademark protects anything that indicates a particular product or service is related to a specific brand. Common trademarks include words (like product or business names), logos, and slogans, but even sounds, smells, and colors can be protected through trademark registration. For more information on what can be trademarked, view our post here.
- Do I need to register my trademark with the USPTO?
- Because the United States is a first-to-use country, you will have some limited trademark protections simply by using the mark, even if it is not registered. However, these protections are extremely limited. Your trademark will only be protected in the small geographic region where your business is located, which could prohibit you from expanding your business to areas outside Phoenix, if a similar trademark is already in use there. In addition, it could be more challenging to argue your trademark rights in legal proceedings. In order to gain the presumption of nationwide validity, you must register your trademark with the United States Patent and Trademark Office, or USPTO.
- When should I file my trademark application?
- Ideally, trademark registration should be one of the first steps you take in starting your business. Before you settle on a business name, label your products, and develop marketing material, you’ll want to be sure that the mark you’ve chosen won’t infringe on another business. The date you file will also become your priority date, which means anyone looking to file a similar mark after that date will likely not be approved by the USPTO. In order to lock in your priority date, it’s best to register your mark as soon as possible.
- Does working with a trademark attorney increase my likelihood of approval?
- Yes, working with a trademark attorney will likely increase your chances of approval. In fact, a study by the University of North Carolina found that applications submitted with the help of a trademark attorney were up to 50 percent more likely to be approved by the USPTO. This is because the process to register a trademark involves many detailed legal decisions. Working with an attorney ensures that your application is submitted correctly and the process runs smoothly. If you’re ready to register a trademark, contact our firm today.
- When does a registered trademark expire?
- Your federally registered trademark will never expire, as long as you continue to use it and meet renewal deadlines. For new businesses, the first renewal will occur between the fifth and sixth year, and then again between the ninth and tenth year. After that, you’ll need to renew your mark every ten years to maintain your registration.
Common Misunderstandings about Filing Trademarks for Phoenix Businesses
- Once I register a trademark, no other business can use it in the marketplace.
- This is not necessarily true. The USPTO rejects trademark applications if a confusingly similar trademark is already in use. However, not all similar trademarks will cause a likelihood of confusion in the marketplace. Dove, for instance, is the trademark for both a chocolate brand and a soap company. Because consumers are not likely to confuse the two companies, both are free to use the same mark.
- I only need one trademark to protect my business.
- Most businesses register multiple trademarks to protect their brands. For instance, your business name, product name, and logo should all be registered with the USPTO. Many businesses should also consider registering less common marks, like signature colors. Each of these requires its own trademark registration. If you are unsure about which aspects of your business could benefit from trademark registration, give us a call.
- My U.S. trademark will protect my business in international trademark disputes.
- Unfortunately, your federally registered trademark will not protect your brand in disputes that occur outside the United States. If you do business outside the U.S., through direct sales, manufacturing, or distribution, you should strongly consider international trademark registration. You can file with individual countries directly, or you can choose to use the Madrid Protocol. This international treaty allows applicants to complete a single application in their home language, then apply it to over 90 member countries.
- The USPTO will monitor my trademark and let me know of any potential infringement.
- The USPTO will not monitor your trademark’s use. As a trademark owner, the responsibility to monitor and police the trademark is yours. Fortunately, many trademark attorneys, including Gerben Intellectual Property, offer monitoring services to assist you. If potential trademark infringement is found, your attorney will determine the best course of action, whether a simple cease-and-desist letter or more formal legal action is needed.
The Number of Trademarks Registered by Phoenix Businesses (by Year)
How many trademarks have Phoenix, AZ businesses registered over the years? Gerben Intellectual Property collected the following data.
|Year||# of Trademarks Registered|
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Phoenix Businesses
It’s an exciting time to be a business owner in the Phoenix area. As entrepreneurs look to open new businesses all over the city, many wonder how to best protect their brands. Before you invest time and money into your new venture, be sure that it’s protected. The best way to do this is to register your trademark with the USPTO.
Consider this scenario: Tom decides to open a garden center in Tempe, focusing on drought resistant plants and landscaping materials. He quickly chooses a name, Valley Landscapes, and designs a logo before selecting a location and ordering inventory. He knows that trademark registration is important, but he decides he’s simply too busy to go through the process now.
Tom and Valley Landscapes have immediate success, and he begins to build strong relationships with his Tempe community. Unfortunately, Tom soon learns some frustrating news when a cease-and-desist letter arrives in the mail. A landscape contractor in Chandler has been using the same business name for years, and he owns the trademark. Because there is a likelihood of confusion between the garden center and the landscape contractor, Tom must now rebrand his business, which is a costly and time consuming task.
Obtaining trademark registration is a critical part of your brand’s future success. When you partner with Gerben Intellectual Property, you can entrust us to manage the trademark registration process while you continue to grow your business. Contact us today to learn more about our trademark registration services.