Posts Tagged ‘us trademark registration’

How to use Trademark Symbols

Wednesday, August 12th, 2009

Trademark symbols are a common tool utilized by business owner’s to protect their product names, goods, or services. The most common symbols are the following: the trademark symbol (”TM”), the service mark symbol (”SM”), and the registered trademark symbol (”®”). Although these symbols are often used interchangeably, it is important to understand the distinct differences that exist between them.

Both the trademark symbol (”TM”) and the service mark symbol (”SM”) can be used prior to obtaining trademark registration. However, the difference between the two symbols lies in what each represents. For instance, the trademark symbol should be used if your trademark is representing goods or a product. On the other hand, the service mark symbol should be used if your trademark is for services you intend to provide for your clients.

While the trademark symbol and the service mark can be used before a trademark is registered, the registered trademark symbol (”®”) should only be displayed once you have received a trademark registration certificate from the United States Patent and Trademark Office. The registration certificate is granted after you trademark application has been approved. Business owners use the symbol to acknowledge that their good or service is currently protected by a federally registered trademark.

For more information on how to achieve registration for your trademark contact Trademark Attorney Josh Gerben by visiting www.TrademarkArmor.com.

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Can I trademark a band name?

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

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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

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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.

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Can a non-U.S. company obtain a U.S. Trademark?

Monday, May 18th, 2009

I get a lot of inquiries from international clients wondering if they can file a U.S. trademark even though they are not a U.S. based company.  The answer is yes.  The United States Patent and Trademark Office does not have any special requirements for a non-U.S. company to register a U.S. trademark.

This is especially welcome news to international clients who are attempting to register a US trademark.  It allows the protection of valuable US trademarks without any cumbersome requirements (except of course proving that you are using the US trademark in the United States to sell a product or service).

However, it should be noted that international clients who are attempting to register a United States trademark should consult a U.S. attorney before filing a U.S. trademark.  This is because conducting a US trademark search and properly completing a US trademark application are tasks that only an attorney based in the United States can properly complete.

I have represented many clients from overseas in protecting their U.S. trademarks.  It is extremely important to conduct a US trademark search and complete and file a US trademark application prior to commencing business in the United States.  Many international companies are surprised to learn that a similar U.S. trademark may already exist and bar the use of the trademark they use in their home country here in the United States.  However, with proper planning expensive lawsuits can be avoided and clients can properly protect their trademarks in the United States.

If you are an international business looking to register a U.S. trademark please feel free to call Gerben Law Firm to find out how we can assist you in properly protecting your U.S. trademark.

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Risks of the Trademark Registration Process

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.

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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 of registering 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.

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