Generally speaking, a trademark is a word, symbol, device or name that identifies the source of a good or service. Therefore, your trademark could be just a name, or it could be a logo, a slogan, or “tagline.” More recently, trademark law has expanded to the point where you can even register a particular smell as a trademark. At the very core, a trademark is used to associate a good or service with a particular company. Trademarks are intended to prevent consumer confusion by immediately distinguishing the producer of a good or service.

In order to assist you in completing a successful trademark application that will not be denied by the USPTO, I will utilize our trademark search software to search for any existing marks that may potentially conflict with yours. If such a conflict arises, I will offer my legal advice to you as an attorney on the risks involved in proceeding with your particular application or what you may need to change about your mark to avoid an infringement issue.

In addition to receiving questions about trademarks, I often receive many inquiries concerning patents and copyrights. While all three may appear similar, there are important distinctions that exist between each. As previously stated, a trademark protects an identifier of a good or service. Patents, on the other hand, protect ideas like inventions. Lastly, a copyright protects original works that are typically placed in the following categories: literature, dramatic, musical, artistic, and intellectual. Therefore, the content of a book is protected by copyright law while the name of a series of books (e.g. Harry Potter) would be protected by trademark law.

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

Once we have completed a thorough and detailed trademark search and found no conflicting trademarks, our next step is to assist you in drafting and filing a trademark application that we are confident will be approved by the USPTO. The application is ultimately filed online using the Trademark Electronic Application System or TEAS.

There are a few elements of the application that I would suggest preparing prior to beginning the application process. These items include: a scanned JPEG file of the drawing of the mark and a scanned JPEG file of an actual example of how the trademark is being utilized in commerce. By offering my legal advice and assistance in the preparation of these critical components of the application, I make certain that your application is as well assembled as possible.

Furthermore, the trademark application will require that you specify the mark type as either standard characters or special form. A standard characters mark is one that does not contain any design element. In contrast, a trademark that is categorized as special form does include a design element. I will help you make the decision as to which type of trademark is appropriate for your product once we review your file.

The next section of the application pertains to goods and/or services information where you will need to complete of list of goods and/or services for your application. After reviewing the description of your product we will draft a legal description of your product that is appropriate for the application.

After we complete the application, you will receive an email which will allow you to review and approve the application for submission to the U.S. Government. At that time your application will be filed and your product name will be well on its way to receiving trademark protection. For any questions on how to trademark a product name please contact Josh Gerben Trademark Attorney.

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