*Please note that while Gerben Intellectual Property is not located in Texas, it can assist businesses from Texas in registering a federal trademark because it is a federal matter.
Founded by trademark attorney Josh Gerben in 2008, Gerben Intellectual Property has registered thousands of trademarks across the country, including the Plano area. Gerben and his team of experienced trademark attorneys work with individuals and businesses of all sizes. Whether you want to open a gym near Legacy West or a real estate firm in Downtown Plano, Gerben Intellectual Property is ready to assist you.
Gerben Intellectual Property is focused on offering top shelf IP services at a fraction of the cost of larger law firms. To do this, trademark lawyer Josh Gerben has developed an efficient system that allows him and other lawyers at the firm to work with each client individually at extremely competitive rates.
Federal Trademark Registration for Your Business
Common Questions about Obtaining & Protecting Trademarks
- Are trademarks and copyrights the same thing?
- Both trademarks and copyrights are forms of intellectual property, but each protect different things. A trademark, for example, protects anything that represents your brand, like business and product names, slogans, and logos. Copyrights, on the other hand, protect creative works like art, novels, and song lyrics.
- How will a registered trademark help my brand?
- A registered trademark provides valuable protections for your brand. Your mark will be protected against infringement from competitors, allowing you to maintain control of your brand. You’ll also be protected from infringing on another business. As you seek to gain recognition in the market, a strong trademark will also help your brand stand out in a crowd.
- What is the USPTO?
- The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. The USPTO is responsible for examining applications for patents and trademarks and making determinations of approval. They also maintain the records for all patents and trademarks.
- How long does it take to register a trademark?
- Once your trademark application is submitted to the USPTO, the process will typically take between 8-10 months. In some instances, however, it can take a year or more to obtain trademark registration.
- What should I do if someone is infringing on my trademark?
- It’s important to take immediate action against infringement. However, each case of potential infringement is unique and may require different legal action. Work with an attorney who will analyze the situation and determine the best course of action. In many cases, a cease-and-desist letter drafted by your attorney is all that is needed, though occasionally, more formal legal action may be required.
Typical Misconceptions about Filing Trademarks for Plano Businesses
- My trademark is protected as soon as I use it in public, so I don’t need to register with the USPTO.
- The United States is a first-to-use country, so you will have some basic trademark protections when you beginning using the mark in public. However, these protections will be limited. For instance, you will have a more challenging time asserting your trademark rights in court. You’ll also only have trademark protections in the small geographic region where your business is located. If you plan to expand outside the Plano area in the future, you may be excluded from certain regions if a similar trademark is already in use. In order to gain the presumption of validity nationwide, you will need to register your trademark with the USPTO.
- My registered trademark will protect my mark against infringement in other countries.
- Your federally registered trademark will only protect you in disputes that occur within the United States. If you do business in other countries, through sales, manufacturing, or distribution, you should strongly consider seeking trademark registration in those countries as well.
- I did a Google search and no one is using my business name, so I am free to use it.
- Unfortunately, your desired business name may still be unavailable for registration. A Google search, and other DIY trademark search options, tend to only return exact results to your business name. Most trademark disputes, however, arise from confusingly similar marks, not exact matches. Work with a trademark attorney to conduct a comprehensive trademark search to ensure the availability of the mark you plan to use. Then register the mark with the USPTO to gain protection against infringement.
- I registered my business name, so my brand is fully protected.
- Obtaining a federal trademark registration for your business name is a strong start to protecting your business, but it may not be enough. Consider anything that represents your brand, which may also include product names, logos, slogans, and even signature colors. If you are unsure about what aspects of your business could benefit from trademark registration, Gerben Intellectual Property can assist you.
The Number of Trademarks Registered in Plano
Utilizing the USPTO’s search database we’re able to report on how many trademarks have been registered in Plano, Texas by year.
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Gerben IP Offers A Full Suite of Trademark Services
Understanding the Importance of Trademark Registration in Plano, Texas
As one of the largest suburbs in the Dallas–Fort Worth area, it’s a great time to start a business in Plano, Texas! As you begin to plan your new venture in Plano, you are probably focused on things like product development, location, and creating a website. While these are critical to your future business success, don’t overlook the importance of trademark registration. We talk more about that here.
Picture this: Jack wants to make some extra money, so he begins offering personal training services to neighbors and friends after work. He soon sees success in the Plano community, and he decides to create a website and social media pages for his side venture, which he calls FastFit. A neighbor suggests that Jack should register his trademark, but Jack decides his business is just too small to justify the need.
Jack’s business continues to grow, and he’s considering making FastFit his full time career when he learns some frustrating news. Another personal trainer in the Houston area uses the same name, and since he obtained a trademark registration, he’s well within his rights to ask Jack to stop using the name. Now Jack must spend additional time and money rebranding his business and working to maintain his clients through the transition.
Whether you open a small sole proprietorship or a business with many locations, a federally registered trademark is an important asset for your brand. Gerben Intellectual Property can assist you with our reasonable, flat rate services. Contact Us today for more information.