*Please note that while Gerben Perrott PLLC is not located in Wichita, it can assist businesses from Kansas in registering a federal trademark because it is a federal matter.
Trademark attorney Josh Gerben founded Gerben Intellectual Property in 2008, to provide professional trademark representation to individuals and businesses of all sizes. Gerben and his team have registered thousands of trademarks for clients across the country, including the Wichita area. Whether you plan to open a deli in Downtown Wichita or expand your landscape contracting firm in Andover, Gerben Intellectual Property is ready to assist you.
Federal Trademark Registration for Your Business
Top 4 Questions Wichita Businesses Have About Obtaining and Protecting a Trademark
- What is the USPTO?
- The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. The USPTO examines applications for both trademarks and patents, and makes determinations about approval. They also maintain the public records for all trademarks and patents.
- How is a trademark different from a copyright?
- A trademark is anything that shows that your product or service is associated with your brand. Common trademarks include business or product names, logos, and slogans. A copyright, on the other hand, protects creative works, like song lyrics, art, and novels.
- What is a priority date?
- The date you submit your application to the USPTO will become your priority date. Anyone looking to register a confusingly similar trademark after that date will not be approved by the USPTO. This is one reason it is beneficial to start the trademark application process early on, to lock in this valuable protection.
- When will I need to renew my trademark?
- For new trademarks, the first renewal will occur between the fifth and sixth year, and then again between the ninth and tenth year. After that, you will be required to renew your trademark every ten years. As long as you meet renewal deadlines and continue to use your trademark in the marketplace, your trademark won’t expire.
Common Misunderstandings about Filing Trademarks for Wichita Businesses
- My federally registered trademark will protect me against infringement in other countries.
- Your U.S. trademark registration provides valuable protections for your trademark, but it will not protect your brand is disputes outside the United States. If you conduct business in another country, either through sales or manufacturing, you should strongly consider obtaining trademark registration in that country as well. Check out these four reasons you should register for an international trademark.
- I registered my business name, and that is enough to protect my business.
- Obtaining a trademark registration for your business name is certainly important, but it is likely not enough to protect your brand. A trademark is anything that represents your brand in the marketplace. While a business name does this, so do product names, logos, and even signature colors. Contact Gerben Intellectual Property if you are unsure about which aspects of your business would benefit from trademark registration.
- Once I trademark a word, no other business will be able to use it.
- Owning a trademark registration for a particular word does not prohibit others from using the word. The USPTO will reject a trademark application if a confusingly similar mark is already in use, but if consumer confusion is not likely, another business may be able to use the word. For example, Delta is a well-known trademark for both an airline and a faucet manufacturer, because there’s little to no likelihood of confusion between the two companies.
- The USPTO examiner will conduct a search of my trademark, so I don’t need to conduct my own search.
- An examiner at the USPTO will conduct a trademark search, but only after you’ve submitted your application and paid your filing fees. If the examiner finds a similar mark is in use, your application could be rejected and your fees lost. For this reason, it’s important to conduct a search prior to filing your application. If you find a potentially conflicting mark, you’ll be able to make changes before submission.
- I should include as many International Classes as possible on my trademark application.
- While your brand will benefit from broad protections, including multiple classes on your trademark application may not be the best idea. First, an application with too many classes could be rejected, especially if you won’t be able to document use of those classes in the near future. In addition, your filing fees are based upon the number of classes you file, so additional classes could quickly drive up the cost to file your mark. Instead, include only the classes of goods or services you offer now or plan to offer in the near future.
The Number of Trademarks Registered by Wichita Businesses (by Year)
How many trademarks have Wichita, KS businesses registered over the years? Gerben Intellectual Property collected the following data.
||# of Trademarks Registered
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Wichita Businesses
It’s an exciting time to open a new business in Wichita! If you are planning to open your own business in this bustling Midwestern city, consider working with a trademark attorney to conduct a comprehensive trademark search and file an application with the USPTO.
Consider this scenario: Blake is a chef and health enthusiast in the Wichita area. He creates his own line of healthy condiments to match his healthy lifestyle, and, after positive feedback from friends and family, he starts to sell his products, which he names Fit and Fresh, at local farmers markets. Because the business is still so small, Blake ultimately decides that he does not need to conduct a trademark search or file for trademark registration.
After steady success at local farmers markets, Blake creates a website where he intends to sell his Fit and Fresh products across the country. Unfortunately, though, he soon learns some devastating news. A large condiments brand has recently decided to create its own healthy products and has chosen the name Fit and Fresh. Because the large brand filed for trademark registration early on, they are well within their rights to ask Blake to take down his website and rebrand his product.
Blake’s costly and time-consuming mistake could have been avoided. Engage a trademark attorney from the beginning to ensure that your mark is available before you begin to use it in the marketplace. Contact Gerben Intellectual Property today to learn more about our trademark registration services.