Portland Trademark Registration
Portland Trademark Registration
We have been assisting entrepreneurs, established businesses and other lawyers with trademarks since 2008. We are very proud of the fact that our firm’s representation has resulted in the successful registration of more than 7,500 trademarks with the USPTO.
We offer a full range of trademark, copyright and patent services to entrepreneurs, established businesses and other attorneys (on behalf of their clients). We can assist clients in all 50 U.S. states and from countries around the world.
Please note that while Gerben IP is not located in Oregon, it can assist businesses from Oregon in registering a federal trademark because it is a federal matter.
Since its founding in 2008, Gerben IP has been helping clients register and protect their trademarks across the United States, including the Portland area. Trademark attorney Josh Gerben and his team have successfully registered thousands of federal trademarks on behalf of their clients. Whether you want to open a boutique in the Pearl District or you plan to expand your architecture firm in Lake Oswego, Gerben IP’s team of experienced trademark attorneys wants to assist you in registering your trademark.
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Portland is a thriving city that has attracted many new business owners and entrepreneurs in recent years. Some of these new businesses, in an effort to save time and money, rely only on a quick Google search to determine if the name they’ve chosen is available, then move forward without hiring an attorney to conduct a comprehensive trademark search or to register their trademark. While this DIY option might appear to save time and money upfront, it could cost the business even more in the long run.
Consider this scenario: Rich is an entrepreneur at heart and has been researching ways to have a more flexible work schedule. He decides to leave his current job and invest his savings into a new project, a mobile car detailing business. Rich knows that the people of Portland value environmentally friendly products and services, so he chooses the name The Green Clean Machine. He does a quick internet search of other mobile detailers and car washes in the area. Not seeing a competitor by the same name, Rich moves forward with branding his business, sending flyers, and even having his mobile detailing van painted in the perfect shade of green.
A comprehensive trademark search, conducted by a trademark attorney, would have revealed that a well-known auto parts store sells a cleaning product called the Green Machine. Because the auto parts store registered a trademark for their cleaning product, they are well within their rights to take legal action. Rich receives a cease-and-desist letter six months after his business has opened and customer recognition has been established. The time and money that Rich saved in the beginning has now been lost to rebranding, lost revenue, and potential legal fees. Contact Gerben IP today to learn more about protecting your trademark.
A trademark protects anything that represents your brand. Common trademarks include business names, slogans, and logos, but even colors, sounds, and smells can be trademarked. A strong trademark will help to establish brand recognition and customer loyalty. A registered trademark will also protect your business from infringement. Without a trademark, you could find yourself unknowingly infringing on another company’s mark, which can be a costly legal mistake.
Often, in an effort to save money, business owners opt to begin the trademark registration process alone, only to learn that the process is much more detailed and time consuming than they’d anticipated. Those business owners may end up spending more money and time to correct and re-file their applications than they would have if they’d hired an attorney from the start. An experienced trademark attorney will ensure that the process runs smoothly from start to finish.
File your trademark application as soon as possible. Ideally, trademark registration should be one of the first steps you take when starting your business. The date you submit your application to the USPTO will become your priority date, which means that you have priority for the trademark over anyone looking to file a similar mark at a later date. The longer you wait to file your registration, the more you risk potential infringement.
The USPTO stands for the United States Patent and Trademark Office, which is a division of the Department of Commerce. The USPTO reviews applications, then registers trademarks for products and services and grants patents for new inventions. They also maintain the records for trademarks and patents.
While registering with your state doesn’t hinder your trademark protection, it won’t protect your mark in disputes that occur outside Oregon. The process to apply for a federal trademark is typically more complicated that state registration, but you will have the presumption of validity nationwide.
It is possible for another business to use your mark if there is no likelihood of confusion between the two brands. For example, Delta is a well-known airline, but it’s also the name of a major faucet manufacturer. Because they are not direct competitors and likely won’t be confused in the marketplace, both are free to use the trademark “Delta.”
It’s understandable for new business owners to be concerned about budgets, but in many cases, you can’t afford not to register your trademark. In fact, it could end up costing more in the long run if you find that you are infringing on another business, or if another business infringes on your mark. Gerben IP offers a reasonable, flat fee trademark registration for budget conscious entrepreneurs.
Your federally registered trademark offers valuable protections within the United States, but it does not protect you in other countries. If you are currently doing business outside the U.S., or if you plan to do so in the future, you should consider international trademark registration. Read about our four reasons why you should register an international trademark here.
Knowingly registering a trademark that does not belong to you is a fraud, and could result in your trademark being cancelled. Consult a trademark attorney to understand your rights and limitations in registering a trademark.
“ We were referred to Josh by a business colleague, and were skeptical that any online US Trademark filing process could be both simple and successful. Our experience with other firms (on other trademarks) had been tedious and expensive, by comparison. But Josh’s system worked, and we were awarded both trademarks…”
— Michael Zimmerman, MarketPoint
“…I am smart enough to know that this is a highly specialized area of the law that requires patience, understanding, extensive research, a finely tuned verification process and the ability to navigate the steps and procedures established by the federal government. But I am even smarter to know that, in the age of the specialist, I needed the best…”
— Wayne Halper, Law Office of Wayne Halper
“…When working with Josh on our Trademark/Service Mark application process, his communication was excellent and his expertise and personal demeanor quickly built trust in the business matters. He manages a detailed and well balanced analysis and is results and success driven..”
— Johan Reinhoudt, EffectiveSalesCoaching.NL
“ I hired Josh to do some trademarking work for me. He was very knowledgeable, explained the process clearly, made sure it was filed in a timely manner, and followed up with me each step of the way.”
— Kathy Wolper, Kathy’s Just Desserts, Inc.
“ Working with Josh was an absolute pleasure. He made the process of getting our trademark a breeze. Should we ever seek another trademark we would certainly retain Josh again in a heartbeat. I recommend him very highly.”
— Verena Frydberg, Makeover Your MS
“ Every now and again you come across someone who you know will always get the job done, be upfront and honest, and looks out for you. It’s great never having to worry about Trademarks. I know I can just give him a call and it’ll be done quickly, affordable, and done right…”
— Megan Cummins, Sparklepop