Eugene, Oregon Businesses Use Cohn Legal for Trademark Services
Proudly serving startups and entrepreneurs in Eugene, Oregon, Cohn Legal Group handles trademark prosecutions, corporate transactional work, and everything in between. Our trademark attorneys are passionate, knowledgeable, and highly skilled professionals ready to help ensure your intellectual property is protected at every turn. Think of us as your legal consigliere, here to provide sound legal advice and guidance at any time.
Top 8 Questions Eugene Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a source identifier. It could be a word, phrase, symbol, logo, or even a sound that identifies for consumers the source of products or services they see in the market from competitors selling the same type of product or service.
For example, Frigidaire is a brand of refrigerator. When you see that trademark, you know which company manufactured the refrigerator.
Do I need to have a registered trademark before I start selling my goods or services?
There’s no law that says you must have a registered trademark to start selling your goods or services, but it is a wise move. Conducting business without the protection of a registered trademark may leave you vulnerable to a third party who may plan to infringe on your trademark rights. A competitor may even try to register your trademark for themselves.
If you are serious about protecting your business, then it’s essential that you ensure your trademarks are registered with the USPTO.
An examining attorney rejected my trademark application? Can I appeal?
If an examining attorney rejects your trademark application, then you can appeal that decision through the Trademark Trial and Appeal Board (TTAB). The TTAB will hear your argument and make a final decision on the matter.
These hearings can be complex and often are similar to court proceedings so it’s highly recommended that you hire a trademark attorney if you plan on appearing before the TTAB.
Can more than person be listed as the owner of a single trademark?
Trademarks can be owned either by a single individual, two or more people or by corporate business entities. It’s quite common for single individuals to own trademarks. If a group of individuals owns the same trademark they are more likely to register the trademark under the ownership of an official business entity like an LLC or C-Corp.
Can I trademark the formula for my new protein powder?
No. Trademarks do not extend to products like protein powder. Instead, you should seek patent protection in the USPTO. When it comes time to name the product and create a logo, then those items should be trademarked.
Am I required to hire a trademark attorney near me?
Trademark registration is a federal matter so you can hire a trademark attorney anywhere in the country to assist you.
I’ve submitted my trademark application. Can I check on its status?
After your trademark application is submitted to the USPTO, you’ll receive a serial number. Anytime you want to check on the status of your application:
- Visit the Trademark Status and Document Retrieval System (TSDR) and enter in the serial number when prompted.
- Contact the Trademark Assistance Center at 800-786-9199 and give them the serial number.
How long will my trademark registration last?
As long as you continue to use your trademark in commerce in at least two states, and submit maintenance documents to the USPTO within the required deadlines, then your registered trademark will never expire.
The first maintenance document is due approximately 5 years from the date your trademark is first registered. The second maintenance document is due 10 years from the date of registration. Renewals will occur every 10 years thereafter. Please note that if you miss a renewal deadline, your trademark may be cancelled.
Why Trademark Registration Matters for Eugene Businesses
Situated along the southern end of the Willamette Valley, Eugene Oregon is experiencing a renaissance. It’s a vibrant city with an equal mix of long-time residents, newcomers, and college students.
The people of Eugene have a strong reputation for being filled with dedication and grit. You can see these qualities on display in the business owners of Eugene. They have an admirable “do it yourself” work ethic. While this DIY attitude is usually an excellent quality for new business owners to have, they should contact a trademark attorney when it’s time for trademark registration.
Imagine the following: Chiara recently graduated from the University of Oregon. She has a degree in Exercise Science and loves mountain climbing. She decided to take a chance on herself and open her own small business teaching mountain climbing clinics for new and moderate-level climbers.
She calls her new business Sky High Climbers. She knows that she can’t use the name if someone else is using it, so she conducts a quick Google search. She gets no matches so she assumes that she’s free to use the name.
Chiara then gets straight to work developing a website, opening social media accounts, creating a marketing plan, advertising, and more. About 2 months later she’s ready to conduct her first clinic at Skinner Butte Park in Eugene.
At first, she’s teaching a couple of clinics on the weekend, but then more and more people start showing up. Then she starts giving clinics and classes on weekdays as well. Just 12 weeks later Chiara is teaching most days of the week and she’s seriously considering hiring another instructor.
Unfortunately, Chiara is about to get some tough news in the form of a cease-and-desist letter. It turns out that there’s an indoor rock climbing school with locations in Delaware and Pennsylvania that trademarked the name Sky High Climbing Academy more than 10 years ago. They are demanding that Chiara shut down her business and not reopen it until she comes up with a new name.
Chiara is crushed by this news and isn’t sure how to proceed. She decides to call a trademark attorney for assistance.
The lesson here is to never rely on just a Google search to find out if your desired trademark is available for use. It’s just not reliable. Always work with a trademark attorney who can conduct a full clearance search of your desired trademark on your behalf.
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 Eugene and yet it can assist businesses from Oregon in registering a federal Trademark because trademarks are governed under federal law.