Trademark Attorney Services for Your Scottsdale Business

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

What aspects of my business would benefit from trademark registration?

A trademark can be anything that represents your brand in the marketplace. Most commonly, business owners register business names, product names, slogans, and logos, but you may also want to consider other aspects of your brand, like signature colors, sounds, and smells. Gerben IP can assist you in ensuring that all of your valuable intellectual property is protected.

Will I need to work with a trademark attorney?

While the United States Patent and Trademark Office, or USPTO, doesn’t require U.S. citizens to engage a trademark attorney, they do recommend it. That’s because of the time and detail needed to complete a trademark registration. Your attorney will conduct a comprehensive search, properly draft your trademark application, and respond to non-substantive Office Actions on your behalf, all while you can remain focused on starting your business. When you work with a trademark attorney, you can be sure that the process is done right and done quickly.

Can I register a mark that another business is already using?

It depends. The USPTO will reject a trademark application if a confusingly similar mark is already in use. However, not all similar trademarks are likely to cause confusion in the marketplace. For example, United Airlines and United Healthcare are both able to use the trademark ‘United,’ because consumers aren’t likely to confuse their services. If you are unsure about the availability of a particular mark, Gerben IP can help.

What is a priority date?

The date that you submit your application to the USPTO will become your priority date. Anyone that wishes to file a confusingly similar mark after that date will not be approved. This is one benefit to beginning the trademark registration process as soon as possible, as you will have this protection while your application is still pending.

When can I begin to use the ® symbol?

The ® symbol indicates that your trademark has been registered with the USPTO. You can use this symbol once the USPTO has approved your trademark application, but it is considered a fraud and grounds for rejection of your application if used prior to approval. While your trademark application is pending, you are free to use the ™ symbol. (watch our video on trademark symbols)

Common misperceptions about trademarks heard around Scottsdale, AZ.

I should register my business name but copyright my logo.

Both your business name and your logo represent your brand, so both should be registered as trademarks with the USPTO. Copyrights protect creative works, like art, music, and poetry, that are not representative of any particular brand.

I run a small business, so trademark registration isn’t that important.

Trademark registration offers valuable protections for businesses of any size. With a registered trademark, you can use your unique mark without the possibility of infringing on another business, and your business will also be protected against infringement from others. A strong trademark will help you establish your brand and build customer loyalty, as well.

If I want to register in other countries, I need to complete a trademark application for each one.

You can register your trademark with each country individually. However, if you plan to register in multiple countries, you may want to utilize the Madrid Protocol. This international treaty allows you to complete a single application in your home country that can then be forwarded to over 90 member countries. Each country will then make its own determination about approval.

If I own a trademark, I own the domain name as well.

Trademarks and domain names are regulated by different entities, so owning the rights to a mark doesn’t necessarily mean you own the rights to the domain. However, trademark owners are protected from cybersquatters, who buy domain names in bad faith to either offer counterfeit goods or to ransom the domain to its rightful owner at a much higher price. If you are unsure about the availability of a particular domain name, Gerben IP can assist you.

Once my trademark has been registered, the USPTO will let me know if someone else is using it.

The USPTO maintains the public record of all trademarks, but they will not monitor your mark or take legal action on your behalf. As a trademark owner, it is your responsibility to monitor your mark’s use. This can be a time-consuming task, especially as you work to grow your business. Fortunately, many trademark attorneys, including those at Gerben IP, offer monitoring services. We will let you know if potential infringement is found, and we’ll take the appropriate legal action to stop it quickly.