Trademark Attorney Services for Your Portland Business

The top 4 questions Portland businesses have about obtaining a trademark.

Why do I need a 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.

Why should I hire a trademark attorney?

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.

When should I file my trademark application?

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.

What is the USPTO?

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.

Common misperceptions about trademarks heard around Portland, OR.

I registered my trademark with the State of Oregon, so I do not need to do anything further.

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.

Once I’ve registered my trademark, no one else can use it.

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.”

I can’t afford to register my trademark.

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.

My U.S. trademark will protect me in other countries where I sell my product.

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.

I can register my competitor’s trademark with the USPTO so that my competitor can’t use it.

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.