Whether you are a small business owner, or the founder of a large corporation, getting a trademark is something that you should seriously consider. Sometimes it may seem as though there are other things that should be more important, but that is not the case. Getting a trademark for your business will help ensure that your intellectual property is protected. At Beard St. Clair Gaffney, we are passionate about helping you protect the things that are yours. We will help you throughout the entire process of applying for, getting a trademark, as well as any trademark infringement that may happen.

What is a Trademark?

A trademark is a slogan, jingle, word, symbol or phrase that is used to help identify a brand. This is beneficial to business wonders, as they will have certain sayings or design elements that will help consumers identify their branding. Trademarking your branding not only helps consumers recognize your business, but it also helps protect your brand from other companies who may try to use the same elements in their branding. Trademarks are industry specific. So having a trademark on your branding will ensure that a competitor within your industry will not be able to copy the branding of your company.

When Should I Get a Trademark?

Getting a trademark is something that should happen as soon as possible. However, if you have a large or small business and have not yet gotten a trademark, it is not too late. It does not matter if you are just starting your business or if you have had business for years, you should consider getting a trademark as soon as you possibly can. If you choose to not get a trademark, then you are risking one of your competitors also using your branding to market their company. While this may not sound like that big of a deal, it could result in your competitor trademarking your branding, and then you are no longer able to use your original branding. However, if you get a trademark, then that will not be able to happen.

Why Do I Need a Trademark Attorney?

The complete process of applying for and getting a trademark is one that is long, complicated, and is one where errors can be easily made if you are trying to do it by yourself. If you hire a trademark attorney, however, they will help you through the whole process, to help take away the headache of trying to figure out everything for yourself. They will deal with the application process, communicate with the examining attorney. You will not have to worry about any of these things, as your attorney will take care of it all.

What is the Trademark Application Process?

The first thing that you will need to do when applying for a trademark is to make sure that the trademark that you are looking to file has not already been taken by someone within your industry. After checking and making sure that your trademark is available then you can start the application process. The next step that should be taken is to identify the type of trademark you would like to have as well as whether it identifies goods or services.

Once you have gotten to this point, you can work with a trademark attorney to help you fill out the application. Once the application has been filed it will be assigned to an examining attorney who will then look through the application to make sure that everything is correct. If there are any sort of issues, the examining attorney will contact your trademark attorney so that those issues can be resolved.

Once the application is correct and the issues have been resolved, your mark will be published in The Trademark Official Gazette. This is a book where newly published marks are, as well as canceled or renewed marks. During this time there is an opportunity for other business owners to oppose your mark. This may happen if they feel as though your branding is too close to the one that they use. This will slow down the application process. The typical amount of time that it takes from the application process to getting your trademark approved takes usually around 12 to 18 months.

After your trademark has been approved, it is your responsibility to make sure that there are no infringements of those rights. If you suspect that someone has infringed upon your rights, reach out to your trademark attorney, and they will help you through that situation.

How Long Will My Trademark be Valid?

Unlike patents or copyrights, there is no expiration date for trademarks. Once you get yours approved, you can continue to use your trademark. It is necessary for you to prove that your trademark is still in use. On the tenth anniversary of your trademark registration, you will need to provide evidence that your trademark is still in use. This will need to happen every ten years after that to renew your trademark and to prove that it is still being used. If you fail to prove the usage of your trademark, you will lose the rights and the trademark itself. Although there is no expiration date, it is important to remember to stay up to date and prove your usage of the trademark every ten years.

Why Beard St. Clair Gaffney?

At Beard St. Clair Gaffney we want to help you keep your intellectual property. Our team of attorneys is experienced and well-qualified to help you throughout the whole process of getting your trademark. We will fight for your rights in the case that there is any sort of infringement of your trademark.

Contact Us

If you are ready to get your trademark for your business then contact us today. We will make sure that everything is taken care of for your trademark so that you don’t have to worry about it. Our attorneys are qualified to not only establish those rights, but to also enforce those rights. You can rest easy knowing that your intellectual property will be safe when working with us. We look forward to working with you!