Trademark Attorney Services for Your Tampa Business

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

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

The three most common forms of intellectual property are trademarks, patents, and copyrights. Trademarks protect anything that indicates a certain product or service is associated with a particular brand. Patents, on the other hand, protect inventions, while copyrights will protect creative works, like song lyrics, art, and novels.

Do I need to register my trademark with the USPTO?

In order to have the strongest protections and the presumption of nationwide validity, you need to register your trademark with the United States Patent and Trademark Office, or USPTO. While the United States is a first-to-use country and you will have some limited protections simply by using the mark, those protections may not be enough to protect your business. For instance, you will only be protected in the small geographic area where your business is located. This means that you could be restricted from expanding outside the Tampa Bay area if a confusingly similar trademark is already in use. You will also have a more challenging time asserting your trademark rights in court if your mark remains unregistered.

Will hiring a trademark attorney increase my chance of approval?

Yes, hiring a trademark attorney could increase your chances of approval. In fact, a study conducted by the University of North Carolina found that trademark applications submitted with the help of an attorney increased the likelihood of approval by up to 50%. This is likely because partnering with an experienced attorney ensures that a proper trademark search will be conducted, the application will be drafted correctly, and Office Actions will be responded to in a timely manner.

What is a priority date?

The date that you submit your application to the USPTO, you will be issued a priority date, which gives your brand first priority to the mark for which you are applying. Anyone looking to file a confusingly similar mark after your priority date will not be approved by the USPTO.

When will my trademark expire?

Great news! As long as you continue to use your trademark in the marketplace and meet renewal deadlines, your trademark won’t expire. However, your mark could be cancelled if you stop using the mark as it appears in your trademark application, or if you fail to renew your trademark on time. For new trademarks, the first renewal will occur between the fifth and sixth year, and then again between the ninth and tenth year. After that, you will need to renew your trademark every ten years.

Common misperceptions about trademarks heard around Tampa, FL.

The USPTO will let me know when my trademark is being used by another business.

The USPTO makes decisions on approval of registrations, and they maintain records for trademarks and patents. However, they will not alert you to any potential infringement. As a trademark owner, it will be your responsibility to monitor your trademark’s use. Fortunately, many trademark attorneys, including those at Gerben IP, offer monitoring services for trademark owners. They will notify you of any possible infringement and make decisions about the best legal action to take, as well.

A Google search serves as a sufficient comprehensive trademark search.

A simple online search may seem like a budget friendly option, but it is likely not comprehensive enough to be effective. These free searches typically only return exact matches. Most trademark disputes, however, arise from confusingly similar marks, not exact matches. This means that even if you find no exact matches to your mark, and proceed with submitting your application, it could be rejected by the USPTO if a confusingly similar mark exists. Trademark attorneys have access to much more sophisticated software, which returns results on both exact and similar matches to your mark, so you can move forward with submitting your application in confidence.

My registered trademark will protect me in international trademark disputes.

Unfortunately, this is not the case. Your federally registered trademark provides valuable protections in the United States, but disputes that arise in other countries will not be protected. If you do business in another country, through sales, distribution, or manufacturing, you should strongly consider seeking international trademark registration.

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

Obtaining trademark registration for your business name is a strong start to protecting your brand, but it’s likely not the only registration you’ll need. Consider all the aspects of your business that represent your brand. This includes not just your business name, but your product names, logo, slogan, and even signature color. If you are unsure about which aspects of your business should be protected through trademark registration, contact Gerben IP.