Trademark Attorney Atlanta: Atlanta, Georgia Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a Trademark Law firm that was born as an auxiliary branch of a firm that has provided legal protection to some of the biggest technology companies in the world. Cohn Legal is focused on providing clients in Atlanta, Georgia, and around the globe with outstanding legal counsel and guidance on trademark and intellectual property rights and protections.
The Importance of Trademark Monitoring and Protection for Atlanta Businesses
As businesses in Atlanta continue to expand and innovate, protecting intellectual property becomes increasingly important. One of the most effective ways to safeguard a company’s brand identity is by registering a trademark. However, obtaining a trademark is only the first step in a larger process of maintaining and defending that protection. Ongoing trademark monitoring and proactive enforcement are essential in keeping a business’s trademarks secure.
Why Trademark Monitoring Matters
Trademark monitoring is a critical component of maintaining the integrity of your brand. After your trademark is registered, it’s not enough to assume that your mark is automatically protected indefinitely. Trademark infringement can occur at any time, whether intentionally or unintentionally. Without monitoring, you may not even be aware of someone else using your mark or a confusingly similar one, which could result in consumer confusion or dilution of your brand’s distinctiveness.
In Atlanta, a hub of commerce and innovation, businesses must be particularly vigilant about potential infringements. Companies in industries such as technology, hospitality, and entertainment often face competition and may have trademarks that are ripe for imitation. With a proactive monitoring strategy in place, businesses can track new trademark applications and commercial uses of their name, logo, or slogan to quickly identify infringements.
Steps to Effectively Monitor Your Trademark
Trademark Watch Services: Hiring a trademark monitoring service is an efficient way to stay on top of potential infringements. These services search for newly registered trademarks that might be confusingly similar to your own, flagging them for your attention. Monitoring services also look for unregistered uses of marks that are in commerce, giving you a broader picture of any risks to your brand.
Internet and Social Media Monitoring: Trademark monitoring isn’t limited to official trademark databases. It’s important to also search through social media platforms, online marketplaces, and domain names where potential infringers could use your mark without registering it. By using internet monitoring tools, you can quickly identify any unauthorized usage that may harm your brand.
Watch for Market Changes: In addition to digital monitoring, businesses should also pay attention to shifts in the market. Competitors or new entrants to the market might begin using a mark similar to yours. Attending industry events and trade shows can also provide insight into how your brand is being represented and whether any businesses are inadvertently infringing upon your trademark.
Enforcing Your Trademark Rights
Once a potential infringement is identified, businesses must act quickly to protect their trademark. If someone is using your trademark without authorization, you can start by sending a cease-and-desist letter, a formal request for the infringing party to stop their use of your mark. Most infringement cases can be resolved through this method, as it gives the other party the opportunity to discontinue the use voluntarily.
If informal resolution fails, legal action may be necessary. In this case, businesses can pursue a trademark infringement lawsuit in federal court. A successful case can lead to an injunction to stop the infringing use and could result in financial damages. In some instances, businesses may choose to negotiate a settlement, which can include financial compensation or licensing agreements.
International Considerations for Trademark Protection
As many businesses in Atlanta expand their operations beyond the United States, international trademark protection becomes crucial. Trademark laws vary from country to country, and failing to secure protection in key markets can expose your brand to risk. It is wise for businesses to utilize international registration systems like the Madrid Protocol, which allows for easier registration across multiple countries through a single application.
Even with international registration, monitoring your trademark globally is essential. Using international trademark watch services and legal experts can help ensure that your rights are upheld in foreign markets.
Top 8 Questions Atlanta Businesses Have About Protecting a Trademark
What is a trademark?
A trademark is a branding device that serves to tether a branding asset to a product or service. When done effectively, the trademark, which is typically a name, logo, and/or slogan, immediately allows a consumer to understand the source company which produces the product which bears the trademark. So, when a consumer sees the Starbucks logo on a cup, he/she understands that the beverage within the cup comes from the Starbucks Corporation. A trademark can be anything that represents your brand including product shapes, sounds, packaging, store layouts, and color schemes.
Why should I conduct a trademark name search?
The very first step of trademarking a name is searching to see if someone else already has the name or something similar to it. The United States Patent and Trademark Office (USPTO) has a huge database of registered trademarks and pending trademarks that you can search through.
If your search reveals that someone already registered the name you wanted, it can be frustrating. However, it’s better to have this information now rather than later. Imagine if you moved forward with signage, packaging, web design, brochures, t-shirts, business cards, and other marketing collateral, then found out the name you wanted was already registered. You’ll have wasted a lot of time and money.
How do I register a federal trademark?
The first step in registering a trademark is submitting a trademark application to the USPTO. The trademark application will contain information about you, your business, the desired trademark, and a few other details. Working with a trademark attorney will help make sure that your application is in good order.
What is an examining attorney?
The examining attorney works at the USPTO and reviews the trademark applications. An examiner makes sure that the applications are complete. He or she will also search the USPTO database to see if your desired trademark is similar to any trademarks that are pending registration or already registered. If a similar trademark is found, then your application will likely be rejected.
If the examiner finds that your desired trademark is unique, then your trademark will be printed in the USPTO’s Official Gazette for a 30-day period. During that time any third party “opposes” the application if they feel that your trademark infringes upon theirs. If no third-party objects, then your trademark will be approved for final registration.
Do I need to have a registered trademark before I start selling my goods or services?
You don’t need a registered trademark to start selling products that bear the trademark. However, any trademark attorney would tell you not to do that. Imagine that a competitor sees you conducting business without a registered trademark. Protecting your trademark against infringement is one of the most important things you can do as a business owner.
How long does a trademark last?
Once your trademark is registered, then it won’t expire. Your only requirement is to keep up with the renewal dates. The first renewal date is about 5 years after initial registration, the second is 10 years after initial registration, and subsequent renewals are every 10 years after that.
Be sure to stay on top of those dates. Missing a renewal could cause your trademark to be cancelled.
What is a “specimen” and when do I need one?
When submitting a trademark application, you’ll be asked for a specimen. It’s just a sample of what your logo, name, or trademark will look in use. The USPTO will accept product labels, packaging samples, flyers, brochures, advertisements, website screenshots, pictures of signage, etc. These would all be acceptable specimens.
Can I file a trademark if I’m not yet selling any products, but intend to?
Yes. As long as you can show that you have intention to use the trademark in commercial activity in the near future, you can register a trademark.
In fact, the USPTO has an application for that express purpose. It’s called an Intent-To-Use (ITU) trademark application. Fill out that application with a trademark attorney and submit it to the USPTO. You’ll receive a Notice of Allowance (NOA) in response and then you’ll have 6 months to submit your Statement of Use. You may file for an extension if needed. An extension request will give you an additional 6 months to provide the Statement of Use.
Why Trademark Registration Matters for Atlanta Businesses
Atlanta has plenty of sunshine, a diverse population, and a bustling downtown area. It’s the perfect location for anyone ready to launch a new business venture.
Most entrepreneurs in the Atlanta area understand the ins and outs of running a successful business. One thing they often overlook, however, is registering their desired trademarks with the USPTO. This could cause serious problems for business owners down the line.
Imagine the following: Edward has been working for landscaping companies for the past 10 years. He’s saved up a good deal of money and is ready to open up his own business. He wants to focus on cultivating native plants and shrubs for homeowners and businesses in Atlanta.
Edward names his company Native Sun Landscaping. He knows that trademark registration is important, but he doesn’t want to spend the time or money on that process at the moment. He just wants to get his business going. He brands his new van with his logo, creates a website, hires some workers, and prints postcards to mail to Atlanta residents.
It doesn’t take long for the calls to start coming in. It’s been just a few months, but Edward’s business is going well and he already has repeat customers.
Unfortunately, Edward’s decision to not pursue trademark registration is about to come back to bite him. As it turns out, there’s another landscape company in the Athens area who calls themselves Native Sons Landscaping, which is very similar to the name of Edward’s business. They are afraid there might be confusion among customers.
The Athens Company owns the trademark to their name, so they have every right to ask Edward to stop doing business and not reopen until he’s rebranded. Had Edward registered his trademark right from the start, this would not be happening.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
* *Cohn Legal, PLLC is not located in Atlanta and yet it can assist businesses from Georgia in registering a federal Trademark because trademarks are governed under federal law.