Trademark Attorney Services for Your Tucson Business

The top 4 questions Tucson businesses have about obtaining a trademark.

What aspects of my business should I register as trademarks?

A registered trademark can be anything that represents your brand in the marketplace. Business owners should register things like business or product names, logos, and slogans. However, you may want to consider specific sounds, colors, or even smells, if they indicate your product or service is associated with your brand.

When should I register my trademark?

Trademark registration should be one of the first tasks you undertake as a new business owner. Prior to investing in product labeling, signage, and marketing materials using your chosen trademark, it’s important to know that you won’t be infringing on another brand. The date you submit your application will also become your priority date, which locks in some immediate protections. Anyone looking to file a similar mark after that date will not be approved by the USPTO. Waiting to register your trademark could leave you vulnerable to infringement later on.

What should I do if someone is using my mark without permission?

As a trademark owner, it’s important to monitor your mark’s use and take action against potential infringement. However, it’s best to work with an experienced attorney when navigating legal challenges. Your attorney will review the details of the case and determine the best course of action. In many cases, a simple cease-and-desist letter is enough to end the infringement, but in some situations, more formal legal action may be needed.

How long will my trademark last?

Your registered trademark won’t expire, as long as you continue to use the mark as it appears in your trademark application and you meet renewal deadlines. Failure to renew your mark on time could result in the cancellation of your mark. For new trademarks, your first renewal will occur between the fifth and sixth year, then again between the ninth and tenth year. After that, you will need to renew your trademark with the USPTO every ten years.

Common misperceptions about trademarks heard around Tucson, AZ.

I don’t need to register my trademark with the USPTO.

The U.S. is a common law country, so you will have some limited protections as soon as you use your mark in public. However, these limited protections may not be enough to protect your brand long term. For example, your mark will only be protected in disputes that arise in the Tucson region. If you plan to do business outside the area, you may face a more challenging time asserting your trademark rights. In order to have the strongest protections and the presumption of validity nationwide, you need to register your mark with the United States Patent or Trademark Office, or USPTO.

Trademark registration is only for large businesses.

Trademark registration is important for businesses of any size, from an individual selling a single product to a large corporation. As a small business owner, if you are found to be infringing on another brand, even unintentionally, you could face a lengthy and expensive rebranding process, not to mention potential legal fees. In addition, if someone infringes upon your business, it could pull customers away and hurt your brand’s reputation. If budget is your concern, contact Gerben IP to learn more about our reasonable, flat rate trademark registration services.

Once my trademark is registered, I won’t need to work with a trademark attorney any longer.

Your trademark attorney will provide valuable assistance while you register your trademark, but their services go beyond registration. Trademark attorneys, including those at Gerben IP, will also monitor your trademark’s use, take legal action against infringement on your behalf, and assist with ownership changes in the future.

The USPTO will conduct a trademark search once I submit my application, so I don’t need to do my own search.

Once you submit your application to the USPTO, an examiner will conduct a comprehensive trademark search. However, if the examiner finds a confusingly similar mark is already in use, your application could be rejected, and your filing fees lost. Work with an attorney to conduct a comprehensive trademark search prior to submitting your application. If you find that your mark isn’t available for registration, you’ll be able to create a new one before you draft your application and pay your fees.

I only need one trademark filing to protect my business.

Each trademark you plan to register will need its own filing. For example, if you plan to register your business name, product name, and logo, all three will need their own trademark application and filing.