*Please note that while Gerben Intellectual Property is not located in Scranton, it can assist businesses from Scranton, Pennsylvania in registering a federal trademark because it is a federal matter.
Gerben Intellectual Property was founded in 2008, by trademark attorney Josh Gerben. Since that time, Gerben and his team have registered thousands of trademarks for individuals and businesses of all sizes. Gerben Intellectual Property has clients in all fifty states, including the Scranton area. Whether you plan to open a gym in Downtown Scranton or expand your chiropractic office in Clarks Summit, the experienced trademark attorneys at Gerben Intellectual Property are ready to assist you in registering and protecting your trademark.
Federal Trademark Registration for Your Business
Testimonials from our Clients in the Scranton Region
“It was an absolute pleasure to work with Josh Gerben. Not only is he timely and professional, but he is also an incredibly nice and genuine person. His work exceeded my expectations, and I would certainly work with him again.”
– Dino Campitelli
Serenity Lodge – Near Scranton, PA
View more Gerben Law client reviews here.
Top Questions Scranton Businesses Have About Obtaining a Trademark
- How is a trademark different from a copyright?
- Both trademarks and copyrights are forms of intellectual property, but each protects a different aspect of your business. Trademarks protect anything that represents your brand in the marketplace, including business or product names, logos, and slogans. Copyrights, on the other hand, protect works of authorship, like music lyrics, novels, and art.
- What is the USPTO?
- A division of the Department of Commerce, the United States Patent and Trademark Office, or USPTO, reviews and approves applications for patents and trademarks. They also maintain the records for all federally registered trademarks and patents.
- Do I need to register my trademark with the USPTO?
- Because the United States is a common law country, you will have some trademark protections once you use the mark in public, even if you have not registered with the USPTO. However, these protections are extremely limited and may not be enough to protect your brand. For instance, you would only be protected in the Scranton region. If you wish to expand to other areas in the future, you could be excluded from certain markets if a similar mark is already in use. In order to have the broadest protections and the presumption of validity nationwide, you need to register your trademark with the USPTO. It is not however, required by law that you have to register your trademark.
- What are Office Actions?
- Once your application has been filed with the USPTO, an examiner will review your application. Throughout the process, it is common for the USPTO to issue Office Actions. Often, these Office Actions are requests for additional information or clarification. Occasionally, the USPTO will issue an Office Action to let you know that your application has been rejected. When you receive an Office Action, it is important to respond appropriately, and in a timely manner. When you partner with Gerben Intellectual Property, we will assist you in responding to Office Actions and can even respond to any non-substantive actions on your behalf.
Common Misunderstandings about Filing Trademarks for Scranton Businesses
- I registered my trademark with the State of Pennsylvania, so I do not need to register with the USPTO.
- Registering with the State of Pennsylvania won’t hinder your federal registration, but it won’t provide full protection either. If you wish to expand your business outside the state, you will need a federal trademark registration issued by the USPTO. While the process to register federally is more detailed, you will have stronger protections for your brand.
- My competitor hasn’t registered their trademark, so I can register it myself.
- The United States is a first-to-use country, so your competitor likely has some rights to the mark if they’ve been using it in public. If you are unsure about the availability of a particular mark, contact Gerben Intellectual Property.
- I should file for as many International Classes as possible.
- You should only file for the International Classes that represent the goods or services you are currently offering or plan to offer in the near future. Registering for classes you don’t plan to utilize could cause your application to be rejected. In addition, your overall filing fees could increase, because fees are determined by the number of classes selected.
- I can’t afford to register my trademark.
- It’s understandable that money can be tight when starting a new business, but forgoing trademark registration could cost you even more in the long run. If you invest in product labeling, signage, and marketing and then learn that the mark you’ve been using belongs to another business, you could be forced to shut down and rebrand your business. Before you use the mark, ensure that it is available through trademark registration. Learn more about our trademark registration services here.
- The USPTO will let me know if someone is infringing on my mark.
- The USPTO will not alert you to potential infringement. As a trademark owner, you are responsible for monitoring your mark’s use. Fortunately, many law firms, like Gerben Intellectual Property, offer trademark monitoring services. If your attorney finds possible infringement, they will work to determine the best course of legal action to take, whether that’s a simple cease-and-desist letter or more formal legal action.
The Number of Trademarks Registered by Scranton Businesses (by Year)
How many trademarks have Scranton, PA businesses registered over the years? Gerben Intellectual Property collected the following data.
|Year||# of Trademarks Registered|
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Scranton Businesses
The people of Scranton have always been known for their hard work and entrepreneurship. If you are thinking of starting your own Scranton business, you may be tempted to save a few dollars with a DIY trademark registration. While a do-it-yourself approach to some aspects of business can be helpful and budget conscious, taking the DIY approach to trademark registration may not be the best idea.
Picture this scenario: Dan is a local fireman that wants to help keep Scranton families safe. He starts a side business on his days off, cleaning and inspecting fireplaces to ensure they are safe and in working order. He calls the business Sparks Fireplace Safety and begins to advertise in his community. Because this is not Dan’s full time job, he decides to save some money on trademark registration by starting the process himself. He conducts a quick internet search of the business name, then submits his application and pays his fees to the USPTO.
A few months later, after Dan has begun to build a strong reputation in Scranton, the USPTO informs him his application has been rejected. A similar business is using the same name, and because they submitted their application before Dan did, they have the right to the trademark.
If Dan had worked with an attorney from the beginning, he would have learned of the pending application and could have made changes to his mark before submitting his application. Now, Dan must change his business name, resubmit his application, and pay additional filing fees. Gerben Intellectual Property offers professional trademark registration services at a reasonable, flat rate. Contact us today to start the process of protecting your business through trademark registration.