*Please note that while Gerben Intellectual Property is not located in Ohio, it can assist businesses from Ohio in registering a federal trademark because it is a federal matter.

Gerben Intellectual Property was founded by trademark attorney Josh Gerben in 2008. Gerben and his experienced team have helped thousands of clients register trademarks since that time, in all fifty states, including the Toledo area. Gerben Intellectual Property works with individuals and businesses of all sizes. Whether you plan to open a bar in Old West End or grow your dental practice in Perrysburg, Gerben Intellectual Property is ready to assist you with trademark registration services.

Federal Trademark Registration for Your Business

• Top Questions about Obtaining a Trademark
• Misunderstandings about Filing Trademarks
• Number of Trademarks Registered in Toledo, OH
• Trademark Services offered to Toledo Clients
• Additional Information on Trademark Registration

Top 5 Questions Toledo Businesses Have About Obtaining a Trademark

• What aspects of my business need trademark registration?
  • A trademark can by anything that shows a certain product or service is directly related to your brand. Common trademarks include business or product names, slogans, and logos. However, you may want to consider less common trademarks, like sounds, colors, and smells as well.

• What are International Classes?
  • The USPTO has a list of 47 classes of goods and services that you must select from as you draft your application. Select the classes that best represent the goods or services you plan to offer under your trademark. It’s helpful to work with an experienced trademark attorney to determine which classes to select. For international filing, view our facts.

• Am I required to work with a trademark attorney?
  • The USPTO doesn’t require U.S. citizens to work with attorneys. They do, however, strongly encourage it. Experienced attorneys will conduct a comprehensive trademark search, draft your application correctly, and respond to Office Actions on your behalf, ensuring that the process runs smoothly. In addition, a recent study by the University of North Carolina found that engaging a trademark attorney will also increase your chances of approval, by up to 50 percent!

• What should I do if I find potential infringement?
  • In order to maintain control of your mark and your brand’s reputation, it’s important to take quick action against any infringement. However, the best way to do this is through an experienced trademark attorney. Your attorney will review the situation and determine the best course of action to take. Often, a simple cease-and-desist letter is enough to put a potential infringer on notice. In some situations, though, more formal legal action may be needed.

• Does the USPTO keep my application private while it is pending?
  • No, trademark applications are public record, along with your communications with the USPTO. All are posted to the United States Patent and Trademark website daily.

Common Misunderstandings about Filing Trademarks for Toledo Businesses

• The terms trademark, copyright, and patents are essentially the same and can be used interchangeably.
  • While all three are forms of intellectual property, each protects a different aspect of your business and cannot be used interchangeably. Trademarks protect things like business names, slogans, and logos. Copyrights protect works of authorship, while patents protect inventions. Work with an experienced attorney to determine which types of protections your business needs.

• If I make small changes to my trademark, it will not affect my registration.
  • Your trademark will only be protected as it appears on your trademark application. While it’s common to update and make changes to your trademark overtime, it’s important to know that your updated trademark will require a new trademark registration.

• Once I trademark a word, no other business will be able to use it.
  • This is not necessarily the case. In fact, other businesses may be able to use the same mark, as long it there’s no likelihood of confusion in the marketplace. For instance, a candy manufacturer and a soap company were both able to register the trademark “Dove,” because consumers aren’t likely to confuse the two businesses.

• I don’t need permission to trademark a public figure’s name.
  • If you plan to register a public figure’s name with the USPTO, you are required to provide written and signed consent from that public figure. Without it, your trademark application will be rejected.

The Number of Trademarks Registered in Toledo by Year

How many trademarks have Toledo, OH businesses registered over the years? Gerben Intellectual Property collected the following data.

*data was gathered from the USPTO’s public database

Types of Trademark Services offered to Toledo, OH Clients

• Trademark Search Services
• Trademark Registration Services (filing services, application services)
• Trademark Renewal Services
• Trademark Monitoring Services (trademark protection services)
• Trademark Office Action Services
• Trademark Portfolio Management Services
• Trademark Opposition Proceeding Services
• Trademark Enforcement / Litigation Services

Additional Information on Trademark Registration for Toledo Businesses

Recent revitalization efforts in Downtown Toledo and around the city have encouraged more entrepreneurship in the area. Many new Toledo business owners, in an effort to save time and money, may decide to take on the task of trademark registration themselves. While the DIY approach is beneficial in many aspects of starting a business, it isn’t recommended for trademark registration.

Consider this scenario: Kate is a talented artist, living in Maumee, who decides to start her own business painting murals for residential and commercial spaces. She selects the name Brick Canvas and does a quick search to see if anyone else in the Toledo area is using the same name. Then, she gets to work creating marketing to promote her new venture, including a successful campaign on Instagram.

Unfortunately, Kate soon learns some upsetting news. A muralist in Chicago, who also uses the business name Brick Canvas and registered it with the USPTO, sees Kate’s posts on Instagram. His lawyer sends Kate a cease-and-desist letter in the mail. Now, she must rebrand her business and start the process to promote her business from scratch. The time and money she will lose could have been avoided if she’d worked with a trademark attorney to complete a comprehensive trademark search and file an application with the USPTO.

Whether you are still creating a business plan or you’ve been in business for some time, now is the time to register your trademark. Contact Gerben Intellectual Property for a complimentary trademark consultation.