Posts Tagged ‘searching for a trademark’

Help with trademark searches and registration

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: , , , , , ,
Posted in General | No Comments »

How to Conduct a US Trademark Search

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: , , , , , ,
Posted in General | No Comments »

How to register a trademark in the USA

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: , , , , , , , , , ,
Posted in General | No Comments »

How to Get a Trademark

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: , , , , , ,
Posted in General | No Comments »

Register a Trademark, Why Should I Register a Trademark?

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: , , , , , , ,
Posted in General, register a trademark | No Comments »