Trademark Attorney Services for Your Winston-Salem Business

The top 5 questions Winston-Salem businesses have about obtaining a trademark.

How do I know what my trademarks are?

A trademark is anything that represents your brand in the marketplace. Your business name, product names, and logos are trademarks that should be registered with the USPTO, but you may have additional trademarks as well. Consider anything that represents your brand, including slogans, sounds, colors, and even smells. If you are unsure about what aspects of your brand should be protected through trademark registration, Gerben IP can assist you.

How do I know if I can use the business name I’ve chosen?

If another business is using a confusingly similar mark, it is likely not available for registration. To learn if a similar mark is already in use, you will need to conduct a comprehensive trademark search prior to submitting your trademark application to the USPTO. To ensure that you are finding all trademarks that could cause a conflict, it’s best to work with an experienced trademark attorney that can utilize sophisticated software to find similar marks and will work with you to make a determination about availability.

What is a trademark specimen?

A trademark specimen is a sample of how the trademark will be used in the trademark classes you’ve selected. For example, if you are registering a logo for your sports drink brand, you could use the product label containing the logo as your specimen. An experienced trademark attorney can assist you in selecting the appropriate specimens to include in your trademark application.

How long does it take to register a trademark?

Once a trademark application has been filed with the USPTO, the process typically takes around 8-10 months. However, it can take a year or more to obtain a registration, particularly if the application is incomplete or filed incorrectly. Working with a trademark attorney ensures that the process runs smoothly and efficiently from start to finish.

What is an office action?

Throughout the application examination and review process, you may receive an Office Action from the USPTO. Office Actions are sent when an examiner finds an issue with a trademark application. The reasons for Office Actions vary, but they are often issued when additional documentation or clarification is needed. They are also issued to notify an applicant that their application is being rejected. If you receive an Office Action, it’s important to respond correctly and in a timely manner. Most Office Actions have a six-month window in which to reply, or risk cancellation of the application.

Common misperceptions about trademarks heard around Winston-Salem, NC.

I can’t afford to register my trademark?

Budget concerns are understandable for new business owners, but, in many cases, you can’t afford not to register your trademark.  Forgoing registration could leave your business susceptible to infringement by others in the future, which could weaken your brand’s reputation and even steer customers away from the products or services you offer. Without registration, you may also learn that you are infringing on another business, leading to a costly and time-consuming rebranding effort. Don’t leave your trademark unprotected. Contact Gerben IP to learn more about our reasonable, flat rate trademark registration services.

My business name is registered with the USPTO, so I have the rights to the domain name as well.

Registering a word or business name doesn’t give you exclusive right to use the word. In some cases, other businesses may even register the same words if they aren’t likely to confuse customers in the marketplace. Pandora, for example, is the registered business name for both a jewelry company and a music streaming service. For that reason, it’s possible that someone else may also have the right to the domain name. However, as a trademark owner, you are protected from cybersquatters, who buy up domain names with intent to sell counterfeit products or to ransom the domain back to the rightful owner at an inflated price. If you think you may be a victim of cybersquatting, Gerben IP can help.

The USPTO will let me know if someone is using my trademark

The United States Patent and Trademark Office, or USPTO, examines applications for patents and trademarks, makes determinations about approval, and maintains the records for registered patents and trademarks. One thing they don’t do, however, is alert trademark owners to potential infringement. Once your trademark has been registered, it will be your responsibility to police your mark. Fortunately, many trademark attorneys, including those at Gerben IP, offer trademark monitoring services. We’ll alert you to possible infringement and take appropriate legal action to stop it as well. Contact us to learn more about our trademark registration and monitoring services.

As long as I renew my trademark by the deadline, my protection won’t expire.

Renewing your trademark within the appropriate timeframe is only one part of keeping your trademark protections. You’ll also need to continue to use your trademark in the marketplace, and use it only as it appears on your original trademark application. If you are no longer using your trademark in public or you’re using an updated version of the mark that has not been registered, you risk cancellation of your trademark registration.

The symbols “™” and “®” mean the same thing.

Each symbol represents a different phase of trademark registration. The symbol ® indicates that a trademark has been registered with the USPTO. It can only legally be used once the mark has been registered, and using it prior to registration is grounds for rejection of your application. Instead, use the symbol ™ while your application is pending.