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Trademarking a name is an important step for companies that want to conduct business in the USA with the maximum amount of legal protection for the name of their company, goods or services. trademarking a name in the USA requires detailed information and careful preparation to pass the U.S. Patent and Trademark Office's review. The Gerben Law Firm works with clients in the USA and worldwide to prepare them to file with USPTO and identify potential problems before trademarking a name. Our services include detailed trademark searches, trademark consultations and filing assistance for anyone who plans on trademarking a company name.
Trademarking a business name provides specific legal protection. For example, successfully trademarking a name allows you to file a lawsuit against a company or individual that tries to use your name in commerce. When your business becomes successful, you likely could face competition from others who want to try to steal some of your business. Trademarking a business name gives you the power to stop those would-be competitors in their tracks.
In addition to protecting the precise name of your company, goods or services by trademarking a business name, you also can gain protection against similar names, especially from competitors in your industry, when trademarking a business name. USPTO reviews applications when someone tries trademarking a name and considers whether the trademark would create confusion in a market.
Although trademarking a name in the USA can be useful in defending the name of your company, goods or services, trademarking a name can be risky. USPTO charges all applicants a filing fee of $325 per class. If the agency rejects your application for trademarking a business name, you will lose that fee. Gerben Law Firm will work with you to make sure that your application for trademarking a company name is complete and accurate. We know the legal details you must provide when trademarking a name in the USA.
Besides filing the proper paperwork, you should conduct a thorough search before trademarking a business name to make sure that you are not wasting your money. The USPTO could reject your attempt at trademarking a name because someone else already has the trademark. Gerben Law Firm will search federal databases to look for potential problems you might face by trademarking a business name. When we complete the search, you will receive a full report of the trademarks we find and an opinion about their threat. In addition, trademark attorney Josh Gerben will discuss the results to help you determine whether you should proceed with trademarking a name or consider picking another one.
If you proceed with trademarking a company name, Gerben Law Firm will handle all the paperwork so that all you need to do is digitally sign a trademark application and pay the filing fee. However, you should consider purchasing Gerben Law Firm's comprehensive search package because trademarking a name in the USA does not guarantee that the name of your company, goods or services won't face any future legal challenges.
Although trademarking a name in the USA gives you federal protection, you could face common law challenges to your trademark. Local courts can grant regional protection to established companies, even those that have not bothered trademarking a name. If a company, good or service has the identical name as the one you want to use and it has an established presence, a local court rule that you cannot conduct business in that region with the same name. Although trademarking a company name gives you broad protection, it is your responsibility to know about companies with potential common law rights -- whether they hold an active trademark or not.
In summary, trademarking a name in the USA is advantageous yet risky. Gerben Law Firm can help you better understand the intricacies of trademarking a name. Trademark attorney Josh Gerben will work with you to find potential problems, advise you on the risk of unsuccessfully trademarking a business name, and efficiently guide you through USPTO's requirements when trademarking a name.
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