Trademark Attorney Services for Your Reno Business

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

What should my business trademark?

A trademark can be anything that represents your brand in the marketplace. Business owners most commonly trademark business and product names, logos, and slogans, but even sounds, smells, and signature colors can be registered if they represent your brand and the products and services it offers.

Should I hire a trademark attorney?

The United States Patent and Trademark Office, or USPTO, doesn’t require U.S. citizens to work with a trademark attorney, but doing so is beneficial. Many detailed steps go into the process to register a trademark, from conducting a trademark search to selecting the appropriate International Classes and responded to Office Actions. As a business owner, your time is valuable, so engaging a trademark attorney allows you to maintain focus on growing your business, not trademark law. This partnership may also increase your chances of approval. A study conducted by the University of North Carolina found that trademark applications submitted with the help of an attorney were up to fifty percent more likely to be approved. (watch this video for additional information)

What is a priority date?

The date that you submit your application to the USPTO will become your priority date. Anyone looking to register a confusingly similar mark after that date will not gain approval from the USPTO. This is another reason to begin the trademark registration process as soon as possible.

What should I do if I find that someone else is infringing on my trademark?

In order to maintain control of your mark and your brand’s reputation, it’s important to find and stop potential infringement. However, each situation is unique and may require different legal action. When you work with a trademark attorney, they can analyze the situation and determine the best solution, whether it’s a simple cease-and-desist letter or more formal legal action.

Common misperceptions about trademarks heard around Reno, NV.

I don’t need to conduct a trademark search, because an examiner at the USPTO will do that once I submit my application.

While an examiner at the USPTO will conduct a search once you’ve submitted your application and paid your filing fees, it’s still beneficial for you to conduct a search prior to filing your application. When you conduct a search, you’ll learn of any existing marks that may be confusingly similar to the mark you wish to register. You can then make changes to the mark or select a new mark that won’t conflict with other marks already in use. If you overlook this step, the examiner will likely find the same existing trademarks and reject your application. You’ll then have to reapply and pay additional filing fees.

A registered trademark has no monetary value.

A registered trademark is an asset to your business, and can be bought and sold just like inventory, machinery, or vehicles. Unlike machinery and vehicles, though, the value of your trademark could actually increase over time as the value of your brand increases. A registered trademark is also a requirement of investors looking to buy your business in the future.

I’ve made some updates to my existing trademark, but it will still be protected.

Your trademark only has protections as it appears in your original trademark application. It’s understandable that you’d want to update your mark from time to time, but you will need to register the new mark with the UPSTO in order to maintain those valuable protections. Once I register my business name, no one else will be able to use it.

I submitted my application to the USPTO, so I’m free to use the ® symbol.

The ® symbol is reserved for trademarks that have been registered with the USPTO. Do not use the symbol until your trademark application has been approved. Doing so is considered a fraud and is grounds for cancellation of your application. While your application is pending, you are free to use the ™ symbol instead.

I should trademark my business name but copyright my logo.

Because both your business name and your logo represent your brand, both should be registered with the USPTO to receive trademark protections. Copyrights protect creative works, like art, novels, and song lyrics that are not representative of any particular brand. If you are unsure about which aspects of your business should become registered trademarks, Gerben IP can assist you.