Columbus, Mississippi Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm that focuses on establishing and protecting the trademark rights of entrepreneurs, startups, and small business owners in Columbus, Mississippi. Delivering world-class legal counsel at cost-effective rates is our first priority. While excellence in legal representation can be expected, we also take pride in creating lasting partnerships with our clients.
Top 7 Questions Columbus Businesses Have About Obtaining a Trademark
What is the role of the USPTO?
The USPTO stands for the United States Patent and Trademark Office. This federal office keeps records of all existing and pending trademarks. The USPTO also receives and reviews trademark applications and makes decisions on whether to approve or deny them.
The USPTO will not, however, monitor the marketplace for trademark infringement. It is the responsibility of the trademark owner to ensure that no other entity is infringing on their trademark rights.
What is a fanciful trademark?
A fanciful trademark is a word or phrase that was invented to be a trademark. The word has no other meaning other than its use as a trademark. Pepsi soft drink is an example of a fanciful trademark. Eggo waffles and Kleenex tissues are other examples.
Can a trademark attorney still help me even after I’ve submitted my trademark application?
A trademark attorney can help you with many other parts of the trademark registration process, even after you’ve submitted your application.
For example, a trademark attorney will:
- Respond to inquiries and requests for more information from the USPTO.
- Give guidance on registering other trademarks you may have.
- Submit trademark maintenance documents to the USPTO by the required deadlines.
- Monitor the marketplace to ensure no one is infringing on your trademark rights.
- Represent you in court, if needed.
Is my trademark registration valid outside of the U.S.?
Your U.S. trademark is protected in all 50 states, Washington D.C., and U.S. territories. However, it’s not protected in countries outside of the United States.
If you do business internationally, then you’ll have to register your trademark in whatever countries you do business with. Talk to a trademark attorney for guidance.
What is the Trademark Official Gazette?
The Trademark Official Gazette (TOG) is the USPTO’s weekly online newsletter. If your trademark application is approved, your trademark will be published in the TOG for a 30-day opposition period.
During that time, anyone may come forward and object to the approval of your trademark if they think it will harm their business or infringe on their trademark rights. If no one submits an opposition after 30 days, then your mark moves to the final approval process.
Are there fees when submitting trademark applications?
The USPTO has three different types of trademark applications, each with its own fee:
- The TEAS Plus Filing option is $225 per class of products or services.
- The TEAS Reduced Fee option is $275 per class of products or services.
- The TEAS Regular Filing option is $400 per class of products or services.
Contact a trademark attorney for advice if you’re unsure which application you should use.
Can I check on the status of my trademark application after I’ve submitted it?
It may take up to 6 months after you submit your application to the USPTO before you hear back from them. However, you can check on the status of your application at any time.
After you submit your application to the USPTO, you’ll immediately receive a serial number. To check on the status of your application, go to the Trademark Status and Document Retrieval System (TSDR), enter your serial number, and you’ll receive a status update. Or, you may call 800-786-9199 and provide your serial number to get an update about the status of your application.
Why Trademark Registration Matters for Columbus Businesses
Columbus, Mississippi is known throughout the South as the “City That Has It All.” It certainly lives up to its name as it’s full of historic homes, top-notch restaurants, catfishing tournaments, antique shops, and live music. It’s also home to two prestigious universities, Mississippi State University and Mississippi University for Women.
Startups and entrepreneurs in Columbus know what it takes to be successful when they are launching new ventures. They have to create a business plan, develop marketing materials, contact vendors, order store signage, and more. However, they have to make sure that they don’t overlook trademark registration as part of the process.
Imagine the following: Chloe and Benson are two friends who recently graduated from Mississippi State University. The friends love hiking, fishing, and camping along Columbus’s many lakes and trails. They realize that Columbus is missing a good camping goods store so they decide to take a chance and open one themselves.
Chloe and Benson find the perfect location in downtown Columbus and sign the lease. They call the store Columbus Camping Gear and get to work ordering inventory, creating marketing materials, developing a website, and more. They even order a slick new sign for their business, which they proudly hang over their entrance door.
Chloe and Benson do discuss the possibility of registering their trademark with the USPTO, but both agree that it’s not something they need to pursue right now. There are just too many other things to take care of.
Just three months after their opening, Chloe and Benson are surprised to find a cease-and-desist letter in their mailbox. It turns out that there’s another camping goods store in Columbus, Ohio with a very similar name to Chloe and Benson’s shop. However, the Ohio shop registered their trademark with the USPTO more than 5 years ago.
Because the Ohio store owns the trademark, they have every right to demand that Chloe and Benson shut down their store and not reopen until they’ve got a new name. The letter even threatens legal action.
The two friends are devastated. Renaming the store will be a costly and time-consuming endeavor.
If Chloe and Benson had gone to a trademark attorney right from the start, they could have avoided this predicament. The trademark attorney would have conducted a clearance search, found the Columbus, Ohio shop, and advised the friends to come up with a different name for their business.
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 Columbus and yet it can assist businesses from Mississippi in registering a federal Trademark because trademarks are governed under federal law.