Trademark Attorney Services for Your Toledo Business

The 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 misperceptions about trademarks heard around Toledo, OH.

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.