Trademark Attorney Services for Your Tulsa Businesses.

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

How will owning a federally registered trademark protect my Tulsa business?

A federally registered trademark will provide many valuable protections for your business. The first is the presumption of nationwide validity, which will allow you to use your mark in all 50 states without infringing on another business. You’ll also be protected from infringement by other businesses, which allows you to maintain control of your brand as you grow your business. For more information on the benefits of a federal trademark for your business, read our blog post.

How long will it take to register my trademark?

The timeline to register a trademark with the USPTO usually takes around 8-10 months from start to finish, though in some situations, it could take a year or more to gain approval.

What is the USPTO?

The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. Examiners at the USPTO review applications for both trademark and patents and make determinations about approval. The USPTO also maintains the records for patents and trademarks.

Will hiring a trademark attorney help my chances of approval?

Yes, engaging an attorney to assist you with the trademark registration process can increase your chances of approval from the USPTO. In fact, a study conducted by the University of North Carolina found that applications submitted with the help of a trademark attorney increased the likelihood of approval by up to 50 percent! This is because your attorney can conduct a thorough trademark search, draft your application properly, and respond to non-substantive Office Actions on your behalf, which ensures a smooth registration process from start to finish.

Will my trademark protect my brand outside the United States?

Unfortunately, the answer is no. The protections that come with a federally registered trademark registration will only apply to disputes that occur within the U.S. If you do business outside the United States, you should strongly consider seeking international trademark registration as well.

Common misperceptions about trademarks heard around Tulsa, OK.

I should trademark my business name but copyright my logo.

A trademark is anything that indicates a certain product or service is associated with a particular brand. Copyrights protect works for art that are not associated with a particular brand. Your business name and your logo both represent your brand, so each will require trademark registration.

I can’t afford to register my trademark.

Many new business owners are concerned with costs as they open their ventures, but it’s important to understand the cost of not registering your trademark. Without the protections provided by trademark ownership, you could be more vulnerable to infringement, which could steer customers from your business or hurt your brand’s reputation. In addition, you could find yourself infringing on another business, which could result in costly legal fees. Gerben IP offers a full range of professional trademark services for a reasonable, flat rate.

My competitor didn’t register his trademark, so I can register it for myself.

The United States is a first-to-use country, so your competitor likely has some rights to the mark if they’ve been using it in the marketplace. If you are unsure about the availability of a particular mark, contact Gerben IP.

The USPTO will let me know if another business is using my trademark.

The UPSTO will not monitor your trademark’s use or alert you to potential infringement. Once your trademark has been approved, policing it will be your responsibility. Fortunately, many trademark attorneys, including the team at Gerben IP, offer trademark monitoring services. We’ll alert you to all potential infringement and can take legal action against infringers as needed.