Learn. Teach. Protect.
garbis law, llc
intellectual property law
trademarks
Utilizing federal trademark registrations to protect your brand is an important step in keeping your brand unique. Whether you are currently in the process of creating a new brand, have been in business for years, or kicking around the idea of a rebrand, it is never too early to think of federal trademark protection.
how can i help?
F.A.Q.
Please browse through some of the most commonly asked questions I receive about trademarks.
Is my entity the same as a trademark?
i formed an entity. is that enough?
No. Simply registering your business and forming an entity with your Secretary of State’s Office does not entitle you to trademark protection. Similarly, purchasing a domain name does not give you trademark rights either.
What qualifies as a trademark?
A trademark can be any word, logo, sound, shape, color, scent, taste, or any combination of those things, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others. They also indicate the source of the goods/services.
When should i file a trademark application?
Yesterday.
Getting the process started as early as possible will provide the most benefits. A trademark application can even be filed before you have started using the mark, as long as you have a bona fide intent to use it. This essentially allows you to reserve a mark for up to three years after allowance of the application by the USPTO.
Read more: When Should I File?
how much does a trademark cost?
Depending on the type of application you file, the current government filing fee is either $250 or $350 per class of goods/services. If you have multiple classes of goods and/or services within your application, the fees can start to add up, as each separate class requires an additional filing fee.
If you are hiring an attorney, there will be additional legal fees on top of the government filing fees. Please contact me for a flat fee quote.
how do i choose a strong mark?
Choosing a strong name is challenging and requires finding the proper balance on the trademark strength spectrum. There are 5 categories of trademarks, each with a varying degree of strength that need to be considered:
- Generic
- Descriptive
- Suggestive
- Arbitrary
- Fanciful
Read more: Choosing a Strong Mark
What are the benefits of trademark registration?
Trademarks are extremely valuable assets. Although you may receive some benefits and value out of unregistered marks, federal registration provides significantly more benefits. These include (read more here):
- Legal presumption of your ownership and exclusive right to use the mark nationwide
- Public notice of your claim of ownership
- Discourages and blocks others from using confusingly similar marks
- The right to sue in federal court
- The right to use the ® symbol
- The ability to record the registration with the US Customs and Border Protection to block imports that infringe the mark
- The use of the registration as a basis to obtrain registration in foreign countries
do i need to hire a trademark attorney?
No, you do not need to hire a trademark attorney to file your trademark application unless you are an internationally based applicant. With that being said, you should strongly consider hiring one. The application process appears deceivingly simple on the surface, but it is loaded with pitfalls that an experienced trademark attorney can help you navigate. This includes performing a comprehensive search prior to filing which might save you from future costly legal issues.
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