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Federal trademark protection gives businesses a strategic advantage. When you have federal trademark protection, competitors cannot use an identical name for their company, products or services. The protection of trademarks is critical to your business, and the government considers it to be critical to the existence of an effective, efficient economy.
For your business, federal trademark protection empowers you to stop competitors who try to steal the name of your company, products or services. Although some say imitation is the greatest form of flattery, in business, imitation can put your revenue at risk. You don't want a competitor to use an identical or similar name that confuses would-be customers. Without the protection of a trademark, competitors could try to piggy-back on your success and siphon away customers with a similarly named product or service. It's in the interest of your business to receive federal trademark protection for the name of your company, products and services.
When you work with Gerben Law Firm, we provide a free initial consultation, during which we can explain more details about federal trademark protection. For example, we can help you understand how you can use the symbols that signify the protection of a trademark. In short, you may use the TM or SM symbols to stake claim to your name when you initially file online trademark protection with the U.S. Patent and Trademark Office. If USPTO grants you federal trademark protection, you can start using the ® symbol. Legally, those symbols function like a "Private Property, No Trespassing" sign to newcomers who want to use the name of your company, products or services.
In addition to explaining the importance of federal trademark protection, Gerben Law Firm will guide you through each step of the trademark protection process. When USPTO receives your application for federal trademark protection, it keeps your filing fee, even if the agency's reviewers reject your trademark application. Because you stand to lose several hundred dollars with an unsuccessful bid for protection of a trademark, you should make sure you seek good trademark registration protection advice and counsel.
In addition to helping you file applications for federal trademark protection, Gerben Law Firm provides services that deliver valuable information about the prospects of successfully filing for the protection of a trademark. We offer two search services: basic and comprehensive packages. Although it's a little more expensive, we highly recommend the comprehensive package because the level of detail in the results we provide is significantly greater.
Our basic search package can yield formidable trademark registration protection because we sift through hundreds - sometimes thousands - of federal database results. If we find existing trademarks that could threaten your bid to receive protection of a trademark, we will compile the results in a full report. Trademark attorney Josh Gerben will review that report with you and evaluate the potential of USPTO rejecting your application for federal trademark protection.
Although the basic package yields useful information, the Gerben Law Firm's most valuable trademark registration protection comes to you in the comprehensive search. In addition to the basic search results, we carefully review state trademark databases. Because states grant people and businesses protection of a trademark at the state level, you need to be aware of those trademarks if you plan to do business in those areas.
Even if you receive federal trademark protection, you could still face legal challenges to the name of your company, products or services. Some courts have set a precedent of giving companies common law protection of trademarks. According to common law trademark protection, a company might have the right to use a name if it is well-established in a particular community, among other criteria. That protection can exist even if the company has not filed for federal trademark protection and you have. If you hire Gerben Law Firm to provide comprehensive trademark registration protection, we'll look for any common law trademarks that might later produce a lawsuit.
After we complete our comprehensive search package, we will compile a report as we do with our basic searches. Trademark attorney Josh Gerben will review all of the results to help you determine whether you're likely to receive federal trademark protection and avoid future lawsuits. If you wish to move forward, Gerben Law Firm will handle the trademark protection process for you - all you'll need to do is digitally sign the application for protection of a trademark.
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