Boulder, Colorado Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC specializes in intellectual property and trademark law for entrepreneurs, startups, and small business owners. Our trademark attorneys absolutely love helping companies in Boulder, Colorado protect their brand names, logos, and other pieces of intellectual property. On the most fundamental level, our goal is to provide our clients with unparalleled service and legal support at fair and reasonable rates.
Top 6 Questions Boulder Businesses Have About Obtaining a Trademark
Am I required to conduct a clearance search before filing my trademark application?
There is no rule, mandate, or requirement that says you must conduct a clearance search before filing a trademark application with the United States Patent and Trademark Office (USPTO).
However, it is an exceedingly wise decision to conduct a clearance search before submitting your trademark application. A clearance search may reveal that a mark similar to your desired mark already exists. That will give you the opportunity to change your mark and make it more unique before filing your application.
Am I required to sell a product or service in order to obtain a trademark?
Yes, you are required to be selling or at least have the intent to sell a product or service in order to obtain a trademark. You can’t just register a trademark without having anything to attach it to.
Once I’ve submitted my trademark application to the USPTO am I allowed to check on its status?
After you’ve filed your trademark application with the USPTO, you’ll receive a serial number. You may visit the Trademark Status and Document Retrieval System (TSDR) at any time and enter your serial number when prompted, to receive an update on your trademark application status. Alternatively, you may call 800-786-9199 and ask about the status of your application. Be sure to have your serial number on hand when you call.
What is a “specimen” and when do I need one?
A specimen is a sample of how you’re actually using your trademark in commerce. It’s required by the USPTO as part of your trademark application.
If you’re selling a product, then a specimen may be a product label, a tag, an instruction manual, or product packaging which clearly displays the trademark for consumers. If you’re selling services instead of a physical product, then you can submit marketing materials such as flyers or brochures that feature your trademark.
If you’re unsure of what an acceptable trademark could be, then contact a trademark attorney for guidance.
What is meant by “intent to use”?
If you want to file a trademark application before you’re ready to bring your products or services to market, then you can file your trademark application on an “intent to use” basis.
If your application is approved on an intent to use basis, then you’ll be issued a Notice of Allowance (NOA). That means you have 6 months to submit your Statement of Use to the USPTO to prove that you have started using your trademark in commerce. If, you are still not ready to start using your mark in commerce, then you can also file for a 6-month extension. The USPTO allows for a maximum of 5 extension requests.
What is the role of the Trademark Trial and Appeal Board (TTAB)?
The TTAB is part of the USPTO that exists to resolve certain trademark issues. For example, you may appear before the TTAB if:
- You’re appealing an examining attorney’s decision to deny your trademark application.
- A third party thinks their business would be harmed if your trademark was approved.
- You think someone’s pending trademark would harm your business if approved.
It’s highly recommended that you hire a trademark attorney to represent you during TTAB proceedings.
Why Trademark Registration Matters for Boulder Businesses
Boulder, Colorado is a lively town nestled along the foothills of the Rocky Mountains. It’s surrounded by some of the most gorgeous landscapes in the country and has a reputation for being one of the hippest, yet most laid-back cities in America.
With year-round tourism and vibrant youthful energy (thanks to the students at the University of Colorado), Boulder is an excellent location for entrepreneurs to launch their new ventures. However, as these entrepreneurs get started, it’s important for them to remember to register their trademarks.
Imagine the following: Jayne is a recent graduate of the University of Colorado. She’s decided to remain in Colorado and pursue her dreams of business ownership. She was a photography major and decides to start a wedding photography business. She likes the idea of being a sole-proprietor and having control over how much she works.
She calls her new business Perfect Moment Photography and sets up a website, social media accounts, and leases a small space where she can meet with clients and work on putting together wedding albums.
Jayne’s friend asks her if she’s going to trademark the name of her business, but Jayne really doesn’t think that’s necessary at this point. She thinks that since she’s a sole-proprietor, her business is just too small to take that step.
It’s about a year later and Jayne’s wedding photography business has really taken off. She’s gaining a reputation as being one of the best photographers around. She’s hired two assistants and someone to meet with clients when she’s out shooting weddings.
Unfortunately, Jayne is about to get some unsettling news in the form of a cease-and-desist letter. It turns out that there’s another wedding photography company that shoots weddings in Oregon, Washington, and California with a name that’s very similar to Perfect Moment. However, that other company trademarked their name years ago.
They found out about Jayne’s operation when people called them up asking about photographing their weddings in Colorado. They don’t like the fact that there is this confusion among consumers. Therefore, they are well within their rights to ask Jayne to shut down her business and not reopen until she renames her business. They even threaten legal action if Jayne does not comply within 60 days.
All businesses, even one-person operations need to protect their trademarks. If Jayne had gone to see a trademark attorney at the very start of her new business venture, she could have avoided this entire situation.
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 Boulder and yet it can assist businesses from Colorado in registering a federal Trademark because trademarks are governed under federal law.