*Please note that while Gerben Perrott PLLC is not located in Virginia Beach, it can assist businesses from Virginia in registering a federal trademark because it is a federal matter.
Trademark attorney Josh Gerben founded Gerben Intellectual Property in 2008, with the mission to provide professional trademark registration services to individuals and businesses of all sizes. Since that time, Gerben and his team have registered thousands of trademarks for clients across the country, including Virginia Beach. Whether you plan to open an ice cream shop on the Oceanfront or expand your dental practice in Kempsville, Gerben Intellectual Property is ready to assist you.
Federal Trademark Registration for Your Business
Top 5 Questions Virginia Beach Businesses Have About Obtaining and Protecting a Trademark
- What does a trademark protect?
- A registered trademark protects anything that shows your product or service is related to your brand. Common trademarks include business names, product names, logos, and slogans, but even sounds, smells, and colors can become registered trademarks if they represent your brand.
- How do I know if my trademark is available for registration?
- Once you’ve selected a potential trademark, you will need to conduct a comprehensive trademark search, which will determine if anyone is using a confusingly similar mark. Work with a trademark attorney to ensure the search is thorough, and that all potential conflicts are found. If a similar mark already exists, you will need to make changes to your mark or select a different mark altogether. If your trademark attorney finds no potential conflicts, your trademark is likely available for registration with the USPTO.
- How long does it take to register a trademark?
- The trademark registration process takes, on average, about 8-10 months from start to finish. In some instances, however, it may take a year or more to obtain approval from the USPTO.
- Can I file my registration without the help of a trademark attorney?
- The USPTO does not require U.S. citizens to work with trademark attorneys while filing a trademark registration, but they do highly recommend it. This is likely because of all the detailed legal decisions that need to be made throughout the registration process, from conducting a trademark search to selecting International Classes and responding to Office Actions. Working with an experienced attorney ensures that the process is done correctly, and that it runs smoothly from start to finish. Your chances of approval could increase as well. In fact, a study conducted by the University of North Carolina found that trademark applications submitted with the assistance of a trademark attorney were up to fifty percent more likely to be approved by the USPTO. Find out why you should hire a trademark attorney on our blog.
- My product is manufactured in another country. Does my trademark registration protect me there?
- Your federal trademark registration will only protect your business in disputes that occur within the United States. If you manufacture or sell your products outside the U.S., you should strongly consider obtaining a trademark registration in those countries as well.
Common Misunderstandings about Filing Trademarks for Virginia Beach Businesses
- My business is small, so it won’t benefit from trademark registration.
- Owning a trademark registration provides valuable protections to businesses of any size. For instance, doing business without a trademark registration could restrict small businesses from expanding to other areas where a similar mark is already in use. Small businesses that also rely heavily on customer loyalty and brand recognition could lose business and face additional financial consequences if they face potential infringement. Gerben Intellectual Property offers small businesses professional trademark registration services for a reasonable flat rate.
- My competitor didn’t register its name, so I can trademark it for myself.
- The United States is a common law country, which means that your competitor most likely has some rights to the mark if it’s being used in the marketplace, even if it has not been registered with the USPTO. Contact a trademark attorney to determine the availability of the mark you wish to use.
- The USPTO will let me know if another business is infringing on my trademark.
- The USPTO reviews trademark applications and makes decisions about approval, but it doesn’t monitor the use of registered trademarks. This is the responsibility of the trademark owner. This is why everyone should consider monitoring their marks. Fortunately, many trademark attorneys, including those at Gerben Intellectual Property, offer monitoring services to their clients. You will be alerted to any potential infringement, and then your attorney will make a determination about the best course of action to take. In some cases, a cease-and-desist letter is all that is required, but other instances may require more formal legal action.
- I registered my business name, so that is enough to protect my brand.
- As a business owner, it is important to protect your business name through trademark registration. However, it is probably not the only trademark your business will need. Consider anything that represents your brand, from product names to signature colors. All of these should be registered with the USPTO to fully protect your brand.
The Number of Trademarks Registered by Virginia Beach Businesses (by Year)
How many trademarks have Virginia Beach, VA businesses registered over the years? Gerben Intellectual Property collected the following data.
|Year||# of Trademarks Registered|
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Virginia Beach Businesses
With over 15 million visitors to the city every year, a nearby Naval Air Station, and a steady full time population, it’s a great time to own a business in Virginia Beach. When planning to start a new business, Virginia Beach entrepreneurs often focus first on product development, hiring employees, and selecting a location. These are all critical to future success, but don’t overlook the importance of trademark registration.
Imagine this scenario: Max decides to turn his passion for offshore fishing into a full time business by starting his own fishing charter service. He selects a name for his new venture, Chesapeake Charters, and gets to work buying the best fishing gear to outfit his boat. He also creates a website and launches a social media campaign to drive customers to his new charter. Max has heard about the importance of trademark registration, but with so many tasks to complete before opening day, he ultimately decides to put it off until a later date.
Unfortunately, after a few months of running charters, Max learns some devastating news. Another charter company by the same name has been running out of Delaware for years. And since that owner trademarked the business name, he is well within his rights to ask Max to stop using the name. Now, Max must shutdown the business to rebrand, a costly and time-consuming effort.
Opening a new business can be a stressful, busy time, but it’s important to make trademark registration a top priority. When you partner with Gerben Intellectual Property, we’ll focus on registering your trademark, so that you can focus on starting your new business. Contact us today to learn more about our reasonable, flat rate trademark registration services.