Trademark Attorney Services for Your Spokane Business

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

What are my trademarks?

As a business or product owner, you may have many trademarks. A trademark is anything that represents your brand in the marketplace. Your business name, product names, logo, and slogan can all become registered trademarks. Even your brand’s unique sound, smell, or color can be protected through trademark registration. If you are unsure what your business’s trademarks are, Gerben IP can help.

Should I hire a trademark attorney?

The USPTO doesn’t require U.S. citizens to work with an attorney, but doing so comes with many benefits. The process to register a trademark is detailed and knowledge of intellectual property law is needed. An experienced trademark attorney can conduct a comprehensive trademark search, draft your application, and even respond to non-substantive Office Actions on your behalf. This way, you can remain focused on growing your business while knowing your IP protection is in competent hands.

How long does it take to register a trademark?

From submitting your application to being approved, the process to register a trademark usually takes around 8-10 months. However, it can take longer, particularly when the examiner must make frequent requests for clarification or additional information. Working with a trademark attorney can often streamline the process and cut down on unnecessary delays.

Another business is using my preferred name. Can I still use it?

It depends. The USPTO will reject your application if it is confusingly similar to an existing mark, but if there’s little likelihood of confusion, you may still be able to use it. For instance, Dove is the business name of both a chocolate maker and a soap company. Because consumers aren’t likely to confuse chocolate and soap, both were able to register their business name with the USPTO. If you are unsure about the availability of a particular mark, Gerben IP can assist you.

When can I begin to use the ®symbol?

The ® symbol indicates that a trademark has been registered with the USPTO. You can only use this symbol once your trademark application has been approved. In fact, using ® prior to being approved could be grounds for rejection of your application. While your trademark application is pending, you are free to use the ™ symbol instead.

Common misperceptions about trademarks heard around Spokane, WA.

I have common law rights to my mark as soon as I use it, so I don’t need to register with the USPTO.

The United States is a common law country, so you will have some protections as soon as you begin to use the mark in public. These protections are limited, however, and often not enough to protect your business from infringement. For example, you’ll only be protected in the small geographic region where your business is based. If you plan to expand outside Spokane in the future, you may find that you can’t enter certain markets if a confusingly similar mark is already in use. You’ll also face more challenges asserting your trademark rights in legal proceedings. In order to have the presumption of validity nationwide, you need to register your trademark with the USPTO.

I did a Google search and no one else is using my name, so I’m free to use it.

This may not be true. Trademark searches conducted through Google or other free search sites tend to return only exact matches to a particular mark. Most trademark disputes, however, involve trademarks that aren’t exact matches, but rather confusingly similar. Work with an experienced trademark attorney to conduct a comprehensive search of the trademark database, revealing not just exact matches, but similar matches as well. Then you can move forward with the application process confidently.

I registered my business name, so my brand is protected.

Obtaining trademark registration for your business name is an important first step in protecting your business, but don’t stop there. To protect your brand, consider registration for all of your valuable trademarks, including product names, colors, slogans, logos, and even sounds. Failing to register all of your marks could leave your brand vulnerable to infringement later on.

I’m an inventor, so I should patent my product, not trademark it.

You may actually need both! While you should certainly seek patent registration for a new and novel invention, your product’s name should be protected through trademark registration. The attorneys at Gerben IP can assist you in protecting your intellectual property. Learn more about our patent services.

International trademark registration is only for big businesses.

We live in a global economy, so it’s possible that even small businesses could have reach outside the United States at some point in the future, through sales, manufacturing, or distribution. In order to be protected in disputes that occur in another country, your trademark will need to be registered in that country as well. Fortunately, the process to register internationally is made easier through the Madrid Protocol. This international treaty allows you to complete a single application that can then be applied to over 100 member countries. Each country then makes its own determination about approval. However, if you plan to only register in a small number of countries, you can also file directly with each country’s trademark office.