Trademark Attorney Services for Your Tacoma Business

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

How is a trademark different than other forms of intellectual property?

There are three main types of intellectual property: trademarks, patents, and copyrights. A trademark is anything that represents your brand in the marketplace, including things like business and product names, slogans, and logos. Patents, on the other hand, protect the unique design and functionality of an invention, while copyrights protect creative works, like art, novels, and even some computer code. If you are unsure what your potential trademarks are, Gerben IP can assist you.

How will a trademark attorney help me?

The process to register a trademark can be detailed and time-consuming, and most new business owners don’t have time to spare. When you partner with a trademark attorney, you can remain focused on your business while your attorney conducts a comprehensive trademark search, drafts your application, and even responds to Office Actions on your behalf. Once your trademark is registered, your attorney can also monitor your trademark for you and take legal action against infringement. They can assist you in selling your mark, changing ownership, or licensing its use as well. 

What is the USPTO?

The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. They review applications for patents and trademarks and make determinations about approval. They also maintain the records for all registered patents and trademarks.

Where will my registered trademark be protected?

When your trademark is registered with the USPTO, you’ll have the presumption of validity nationwide, which means you’ll be able to expand outside the Tacoma area without concern for infringement. However, your federally registered trademark will not be protected outside the United States. To secure trademark protections in another country, you will need to register your trademark there as well.

When will my trademark expire?

It may not expire! As long as you continue to use the mark in public and meet the renewal deadlines set by the USPTO, you can maintain your trademark protections.

Common misperceptions about trademarks heard around Tacoma, WA.

Trademark registration is only for big companies, not my small business.

Businesses of any size will benefit from the valuable protections provided by trademark registration. When your unique logo or business name is registered with the USPTO, for example, you will be able to take legal action against anyone using a confusingly similar mark. You are also less likely to find yourself infringing on another business. In addition, a strong trademark will help you establish your brand and build customer loyalty. If cost is a concern, contact Gerben IP to learn more about our reasonable, flat-rate trademark registration services.

I’m an inventor, so I need to protect my patents, not my trademarks.

You may need both trademark and patent registration. For instance, if your invention includes new and novel design or functionality, you’ll need to register for patent protections. However, your product’s name should be protected through trademark registration.

Trademarks and copyrights are essentially the same thing.

Both trademarks and copyrights are forms of intellectual property, but each protects different things. A trademark protects anything that represents your brand. Common trademarks include business or product names, logos, and slogans. Copyrights, on the other than, protect creative works, like novels, art, and song lyrics. Read our blog post on the differences.

I can’t use my preferred name because another business is already using it.

This isn’t necessarily true. The USPTO will reject your application if it’s confusingly similar to an existing mark, but if your products or services aren’t likely to be confused, you may still be able to use it. For example, Delta is the name of both a major airline and a faucet manufacturer. Because customers aren’t likely to confuse the two brands, both are free to use the name. If you are unsure about the availability of your preferred business name, Gerben IP can assist you. 

Once my trademark is registered, the USPTO will take action against anyone infringing on it.

The USPTO makes determinations about trademark registration, but they do not monitor your mark for infringement or take action if infringement is found. Once your trademark is registered, it will be your responsibility to monitor your mark and take legal action against infringement. Fortunately, most trademark attorneys, including the team at Gerben IP, offer monitoring services. We will let you know if potential infringement is found, and we’ll evaluate the situation to determine the best strategy to stop it, as well.

As long as someone else isn’t using a confusingly similar mark, my trademark registration should be approved by the USPTO.

While one of the most common reasons for rejection is the likelihood for confusion with an existing mark, it’s not the only reason for an application to be rejected. For instance, the USPTO will not approve marks that include generic or descriptive words, like “Good Pizza” or “Chocolate Ice Cream.” Applications that include a celebrity’s name without their permission will also be rejected. Failure to respond to an Office Action in a timely manner may also result in rejection of your application. When you partner with a trademark attorney, you can often avoid these pitfalls and increase your chances of approval. In fact, a study by the University of North Carolina found that trademark applications submitted with the assistance of a trademark attorney were up to fifty percent more likely to be approved by the USPTO.