Posts Tagged ‘register a trademark’
Wednesday, July 8th, 2009
I get a lot of calls from clients who are starting a band and want to know if they can trademark the name of their band. The answers is: absolutely. In fact, obtaining a trademark on a band is the best way to protect the name of a band.
The difference between any other trademark and a trademark for a band is that a band’s trademark tends to always fall under two separate “classes” as designated by the United States Patent and Trademark Office. When a trademark application is filed, the application requires that the applicant identify the “class” of goods or services which the trademark identifies. There are 45 different classes. In the case of a band, it almost always requires registration under two classes (Class 9 for MP3′s and CD’s and Class 41 for concerts).
If your band produces CDs, or downloadable music files (MP3′s), your band’s name is the identifier of these “products.” Therefore, it is necessary to designate on the trademark application that your band name produces these products under Class 9.
In addition, if your band performs concerts, your band’s name is the identifier of these “services.” Therefore, it is necessary to designate on the trademark application that your band name sells these services under Class 41.
Therefore, you can certainly trademark a band name. When you file the tradmeark application you will be protected from anyone else using the band’s name to sell music or perfom concerts. In order to obtain this protection please click on the “register your trademark” link below. Once you complete our online form an attorney will contact you to go over the details of the trademark for your band.
Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036
(p) 202.294.2287
(f) 202.315.3386
Tags: band trademark, band trademark name, copywrite band name, register a trademark, register us trademark, registering trademarks, trademark a band, trademark band, trademark band name, us trademark registration
Posted in General | No Comments »
Friday, June 26th, 2009
For anyone looking for help with a trademark search or the trademark registration process I would like to invite you to visit Trademark Armor. I get calls everyday from small and large businesses who need help in determining if their trademark is available or has already been taken by someone else. Moreover, many businesses find the trademark registration process extremely confusing and are happy to know that my law firm can provide help with the process.
My law firm was built to provide trademark search and application help to anyone or any business who has a name or a logo that they want to protect. While anyone can go online and attempt to fill out a trademark application themselves, the process contains many technical details that are not apparent on the face of the application. Failure to properly complete a trademark application can lead to its denial by the federal government. My law firm works to help ensure that your trademark application will be accepted by the federal government and avoid the common mistakes made in applications.
A federal trademark is the strongest protection that any business can have on its name or logo. My firm helps hundreds of businesses every year register a trademark. If you are unsure how to get started in the trademark search and registration process please give me a call today. I am always available to help in the trademark search and registration process.
Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036
(p) 202.294.2287
(f) 202.315.3386
Tags: register a trademark, register us trademark, registering trademarks, searching for a trademark, trademark registration process, us trademark registration, us trademark search
Posted in General | No Comments »
Wednesday, June 17th, 2009
Many clients call my office wanting to know if their trademark is “available” for registration. The only way to determine if a trademark is available is to conduct a US trademark search. A US trademark search can be conducted on the Web site of the United States Patent and Trademark Office (www.uspto.gov).
While anyone can go on the USPTO Web site to conduct a trademark search, it is virtually impossible for an unskilled searcher to determine if a US trademark is capable of achieving registration. This is because the USPTO search engine is not robust enough to do a thorough US trademark search without the skill of an experienced searcher. In order to determine if a US trademark is capable of achieving registration, the US trademark searcher must break down the trademark into multiple parts and look for similar marks in categories containing related goods. Therefore, it is highly recommended that a US trademark lawyer is hired to conduct a US trademark search.
Moreover, in addition to the federal trademark database, a US trademark search must include a US state trademark search and a US common law search in order to provide full legal clearance for use of the trademark. This is because under US trademark law if someone has registered a trademark with a state or simply begun use of the trademark in commerce (i.e. a common law trademark), that person or company may have certain rights that could interfere with a federal trademark. Therefore, a complete US trademark search also includes a search of state and common law databases.
Once the US trademark search is complete, only a US trademark lawyer can interpret the results to provide an opinion on whether or not a US trademark is capable of achieving registration.
For a complete US trademark search please visit www.trademarkarmor.com
Tags: register a trademark, registering trademarks, searching for a trademark, trademark registration, trademark registration process, trademark search, us trademark search
Posted in General | No Comments »
Monday, June 8th, 2009
If you are considering whether or not to trademark a logo you should contact a trademark attorney. While obtaining a trademark on a logo is certainly helpful, you could be setting yourself up for a large trademark problem in the future.
The reason potential danger is afoot when you trademark a logo is that many individuals are under the impression that they can trademark a logo and trademark a name in the same trademark application. For example, if your logo and name are one in the same, many individuals suspect they only have to make one trademark filing. The problem with only making one filing is that if your logo were to ever change (i.e. you went through a re-branding in the future) you could actually lose the trademark rights in your name as well.
The reason for this is that trademarks have a use requirement. If you do not use a trademark someone else can petition the trademark office to have your trademark canceled. This means that if you “re-brand” and ever discontinue the exact use of the logo that you filed as a trademark, the entire trademark could be canceled. Therefore, the name that was a part of the trademark filing would also be canceled, which would open the door for someone else to register the same or similar name as a trademark.
The best advise when it comes to obtaining a trademark on a logo is to file two trademark applications. File one application to trademark your logo and a second application to trademark your name. This will ensure that your trademark name is always protected even if your logo changes in the future.
For more information on how to trademark a logo, click on the link below.
Tags: register a trademark, registering trademarks, trademark a logo, trademark a name, trademark application, trademark registration, trademark registration process
Posted in General | No Comments »
Thursday, June 4th, 2009
Many international clients call my law firm to find out just how to register a trademark in the USA. To register a trademark in the USA a company or individual must draft and file an application with the United States Patent and Trademark Office.
While this USA trademark application can be completed by anyone, I highly recommend to potential clients that they retain my firm to complete their trademark application. The reason I recommend retaining a USA trademark attorney to draft and file a trademark application is because there are many technical and legal elements hidden in the USA trademark application. If certain information is not entered correctly, it could lead to rejection of the USA trademark application and loss of any priority established on the trademark.
Moreover, to register a trademark in the USA it is imperative to first conduct a USA trademark search. If a trademark search is not conducted prior to an attempt to register a trademark in the USA a client may not be aware of a pre-existing federal, state or common law trademark that could result either in the rejection of a USA trademark application or in a limitation of the client’s rights in their trademark. Therefore, to register a trademark in the USA I recommend to potential clients that they retain my law firm to assist them in conducting a proper USA trademark search and then for the drafting and filing of the USA trademark application.
Once a USA trademark application is filed, a client must then wait for the U.S. Government to review and approve their application. It generally takes about 8-10 months to register a USA trademark from the date the application is filed. However, so long as the USA trademark application is ultimately approved, the trademark rights start on the date the USA trademark application was filed. Therefore, when a client wants to register a USA trademark to protect their rights, they can be assured that no one will be able to attempt to register a USA trademark that is similar to theirs after the date of their USA trademark application filing.
To get started with the process to register a USA trademark please follow the link below.
Tags: application for trademark, register a trademark, register us trademark, registering trademarks, searching for a trademark, trademark application, trademark registration, trademark registration process, trademark search, us trademark registration, us trademark search
Posted in General | No Comments »
Wednesday, May 27th, 2009
Many of my clients are surprised to learn that the U.S. trademark registration process can take from six to eighteen months to be completed. In today’s fast paced economy many of my clients want to know if there is a way to expedite the US trademark registration process.
Unfortunately there are no expedited fees that can be paid to make the U.S. trademark registration process move any quicker. The fact is that every U.S. trademark application must be reviewed by a trademark examining attorney with the United States Patent and Trademark Office (USPTO). Because of the large volume of trademark applications received by the USPTO it generally takes four months just for the US trademark application to reach a US trademark examining attorney. Once the examining attorney reviews the U.S. trademark application, if he/she does not have any problems with the proposed U.S. trademark registration, then the trademark application must go for a thirty day period of public comment. It is only after this period of public comment closes can the U.S. trademark registration be issued.
Therefore, a successful U.S. trademark registration can be accomplished in as little as six months, however, many U.S. trademark applications require additional steps. For example, the trademark examining attorney may require additional clarifications on the application. Or, the attempted US trademark registration may be rejected on one of many grounds. A trademark rejection may always be appealed, however, this adds multiple months to the process.
To ensure that a client’s US trademark registration attempt avoids these pitfalls, I generally encourage clients to complete a comprehensive trademark search to ensure that the trademark application will not be rejected based on a pre-existing similar trademark. In addition, I highly recommend clients follow my advice on the completion of their U.S. trademark application to ensure the process goes as smoothly as possible. At the end of the day, the US trademark registration process affords clients great protection on their trademarks, it just requires the patience of Job.
Tags: application for trademark, register a trademark, register us trademark, registering trademarks, trademark attorney, trademark registration, trademark registration process
Posted in General | No Comments »
Friday, May 8th, 2009
I get a lot of calls from potential clients that start with the simple question, “how do I get a trademark.” The short answer is that you must file an application with the United States Patent and Trademark Office (the “USPTO”). The USPTO is the U.S. Government office which is responsible for issuing federal trademarks.
To get a trademark you must submit a trademark application for your business name, logo or slogan to the USPTO. However, to get a trademark you will first want to conduct a trademark search of the USPTO trademark database. This is because if someone already has registered a trademark that is the same or similar to your proposed trademark, the USPTO may deny your trademark application. In addition, you may want to do more than just a trademark search of the USPTO database. A comprehensive trademark search would include a search of not only the USPTO database but also a trademark search of each state’s trademark database for trademarks registered in individual states and for common law trademarks (i.e. trademarks that have not been registered). This is because even if you get a trademark registration from the USPTO, if another company has used your trademark prior to your trademark application filing date, this company would be able to prevent you from using your federal trademark in the geographic area in which they used the trademark prior to your trademark application filing date.
Therefore, the answer to “how to get a trademark” is best answered in two parts. First, to get a trademark you should conduct a comprehensive trademark search to make sure that your trademark application will not be denied or that there is not another prior user of your trademark that would prevent your use of the trademark in a specific geographic location. After the trademark search clears the trademark, you may then complete the second step to get a trademark, which is the filing of your trademark application.
For more information on how to get a trademark for your business click on the “Register Your Trademark” link below.
Tags: application for trademark, how to get a trademark, register a trademark, searching for a trademark, trademark application, us trademark application, us trademark search
Posted in General | No Comments »
Monday, May 4th, 2009
The trademark registration process is longer than many of my clients initially realize. The filing of a trademark application is just the beginning of the trademark registration process which can last from 6-18 months or even longer. The trademark registration process takes so long because each application must be reviewed individually by a trademark attorney at the United States Patent and Trademark Office (“USPTO”). Due to the volume of trademark applications received by the USPTO it takes between 6-18 months to process an application.
Many of my clients find this troubling since they are unsure if they should make a large investment in marketing a trademark before the trademark registration process is completed and the trademark registration certificate is issued by the U.S. Government. However, even the largest companies must rely on their attorney’s advice as to whether their trademark will be approved by the United States Patent and Trademark Office during the trademark registration process. And sometimes that advice can lead to a trademark application being denied. For example, Google’s recent trademark application for “Android” for a cell phone browser was denied by the USPTO for being confusingly similar to an existing trademark. Since Google could not wait the 6-18 months for the trademark registration process to be completed, Google made a significant investment in marketing Android. The denial of the trademark application after such a significant investment was made no doubt causes difficulty for Google.
Due to the cold realities of the trademark registration process, I advise my clients that there is always risk involved with the trademark registration process. Much like any other legal proceeding, no trademark attorney can guarantee the success of a trademark application. However, I can provide my clients with very valuable advice as to whether a trademark application may be approved or denied. By conducting a thorough trademark search that only an experienced trademark attorney can conduct, I can help clients assess whether or not their trademark application is likely to be approved or denied.
The bottom line is that the trademark registration process is just another part of the risk of being in business. There is nothing any trademark attorney can do to take away all the risk in the trademark registration process, but a trademark attorney can certainly help minimize the risk businesses face in this daunting process.
Tags: Add new tag, application for trademark, expedite trademark registration, register a trademark, register us trademark, registering trademarks, trademark registration process, trademark search, us trademark application, us trademark registration
Posted in General | 1 Comment »
Friday, May 1st, 2009
One of the questions I get from clients on a daily basis is why should I pay to register my trademark with the United States Patent and Trademark Office? This question is undoubtedly asked because of the expense necessary to register a trademark. The obvious answer to this question is that when you register a trademark you become the presumptive national owner of the trademark and can prevent any junior user of your trademark (i.e. an individual who begins use of the same trademark after the filing date of your trademark) from using the trademark. When you register a trademark with the United States Patent and Trademark Office you gain the right to sue any unauthorized junior user of your trademark in Federal Court.
However, one of the little known advantages to registering a trademark is the power that a federal trademark provides a business in dealing with other private companies. For example, some clients have called me after finding that competitors are disparaging their good name in online pay-per click advertisements. What surprises my clients is that a competitor can actually post an ad on GOOGLE or YAHOO that uses their un-registered trademark and criticizes their product or service right in the headline of the ad. Moreover, without a federal trademark registration, GOOGLE will not help remove the advertisement. After calling GOOGLE in an attempt to have the ad removed, I often find my soon-to-be client’s next call is my office (after being told by GOOGLE that there is nothing GOOGLE can do). This is because GOOGLE advises my soon-to-be client to register their trademark with the United States Patent and Trademark Office since GOOGLE will only help a business remove an unauthorized use of it’s trademark if the trademark is registered with the United States Patent and Trademark Office.
I believe there will be an increased trend whereby private companies (such examples includes Facebook, Twitter, etc.) rely on a registered trademark to police the use of business and product names. Those individuals who do not register a trademark with the United States Patent and Trademark Office will be left with no means to enjoin the use of their trademarks besides an expensive lawsuit against the private company. This should make the cost of registering a trademark look much less expensive.
To get started on your trademark registration click here or call 1-877-350-6275.
Tags: expedite trademark registration, register a trademark, register us trademark, registering trademarks, searching for a trademark, trademark registration, trademark registration process, us trademark registration
Posted in General, register a trademark | No Comments »
