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

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.