Manchester, New Hampshire Businesses Use Cohn Legal for Trademark Services
Cohn Legal Group is a boutique law firm committed to delivering unparalleled legal counsel and expertise for their clients. We specialize in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners in Manchester, New Hampshire. Whether you’re in the middle of a complex deal, or you’re just getting your business off the ground, we’re here for you.
Top Questions Manchester Businesses Have About Obtaining a Trademark
If I Only Provide My Services in Manchester, New Hampshire, Can I Still Obtain a Federal Trademark?
This is an excellent question. Ultimately, to obtain a federal trademark, it must be used in “interstate-commerce” meaning that your services must be provided in at least two States. If you are presently only providing your services in Manchester, New Hampshire, we can simply file an Intent to Use application; The intent-to-use application allows the applicant to reserve the right to use the trademark once it is ready to be used in inter-state-commerce.
What is a trademark?
A trademark is a form of intellectual property that helps identify and distinguish the source of goods or services offered by a specific business or individual. It can be in the form of a word, phrase, symbol, design, logo, or a combination thereof that sets a product or service apart from competitors in the marketplace. The primary purpose of a trademark is to enable consumers to recognize and associate a certain level of quality and reputation with the products or services bearing that mark.
By obtaining a trademark, the owner gains exclusive rights to use the mark in connection with the specific goods or services it represents. This legal protection prevents others from using a similar or confusingly similar mark in a way that could lead to consumer confusion or dilution of the original mark’s distinctiveness.
In the United States, trademarks are governed by the United States Patent and Trademark Office (USPTO), while other countries have their own trademark registration systems. Registering a trademark provides additional legal advantages and protections, making it easier to enforce rights and challenge infringing use.
To qualify for trademark protection, the mark must be distinctive, meaning it should be unique enough to set it apart from common descriptive terms and generic phrases. Descriptive words or generic terms that merely describe the goods or services offered cannot be registered as trademarks.
In summary, a trademark serves as a powerful tool for brand recognition, protection against unauthorized use, and safeguarding the reputation and goodwill of a business or individual in the marketplace. It is an essential asset for businesses seeking to build a strong brand identity and maintain their competitive edge.
Is there a difference between a trademark and service mark?
Yes, there is a difference between a trademark and a service mark, although both fall under the broader category of intellectual property protection.
- Trademark: Trademarks are used to protect marks that are associated with tangible goods or products. These can include brand names, logos, symbols, or any distinctive design that identifies the source of a physical product. For example, the Nike swoosh logo is a trademark used to distinguish Nike’s athletic shoes from those of other companies. Trademarks are used to prevent confusion in the marketplace and to protect the reputation and branding of the products they represent.
- Service Mark: On the other hand, a service mark is used to protect marks associated with services rather than tangible goods. It applies to businesses or individuals providing services such as legal services, accounting, consulting, entertainment, or any other non-tangible offerings. For example, the McDonald’s “I’m Lovin’ It” jingle is a service mark used to identify the fast-food chain’s services.
While the distinction between trademarks and service marks lies in the nature of the goods or services they identify, the legal protections and registration processes are similar for both. In the United States, both trademarks and service marks are registered with the United States Patent and Trademark Office (USPTO) under the same set of laws and regulations. The main difference is the way they are categorized based on the type of offering they represent.
In summary, the key difference between a trademark and a service mark is the type of goods or services they identify. Trademarks are used for tangible products, while service marks are used for services provided by businesses or individuals. Both serve to protect the distinctiveness of a brand or service and prevent confusion among consumers in the marketplace.
What’s the difference between the ® and TM symbols?
The ® symbol and the TM symbol are used to indicate different levels of trademark protection and registration status.
- TM Symbol: The TM symbol stands for “Trademark.” It is used to indicate that a word, phrase, logo, or symbol is being claimed as a trademark by its owner. Anyone can use the TM symbol, even without formal registration of the trademark. It serves as a notice to the public that the owner considers the mark to be their intellectual property and that they intend to enforce their rights to it. Using the TM symbol does not necessarily mean that the mark is fully protected under trademark law, but it does provide some level of common law protection in the regions where the mark is used.
- ® Symbol: The ® symbol stands for “Registered Trademark.” It is used to indicate that a trademark has been officially registered with the appropriate government trademark office, such as the United States Patent and Trademark Office (USPTO) in the United States. This symbol should only be used after the mark has been successfully registered and the registration has been approved. The ® symbol provides several benefits to the trademark owner, including nationwide legal presumption of ownership and the exclusive right to use the mark in connection with the specified goods or services. In case of trademark infringement, having a registered trademark can make it easier to enforce rights and pursue legal remedies.
It is important to note that the ® symbol should not be used until the trademark has completed the registration process and has been officially approved by the relevant trademark office. Improper use of the ® symbol for an unregistered mark can be misleading and may lead to legal issues.
In summary, the TM symbol is used to indicate that a mark is being claimed as a trademark, while the ® symbol is used to indicate that a mark has been officially registered and enjoys the full protection of trademark law. Using the appropriate symbol helps inform the public about the status of the trademark and the level of protection associated with it.
How can I determine if a trademark is available?
Determining the availability of a trademark is a crucial step before adopting and using a mark to avoid potential legal issues and conflicts with existing trademarks. Here are the steps you can take to assess the availability of a trademark:
- Comprehensive Trademark Search: Conduct a comprehensive trademark search to identify existing trademarks that may be similar or identical to the one you intend to use. This search should cover registered trademarks in the United States Patent and Trademark Office (USPTO) database, as well as unregistered trademarks that may have acquired common law rights. It is advisable to use professional trademark search services or consult with a trademark attorney to ensure a thorough search is conducted.
- Search Common Variations: Look for common variations of your proposed mark, including plurals, misspellings, and different word order. Sometimes, minor alterations can still cause confusion with existing trademarks.
- Industry-Specific Directories and Internet Search: Search industry-specific directories, trade publications, and internet search engines to identify any unregistered marks that could conflict with your proposed trademark.
- Domain Name Availability: Check if the domain name corresponding to your proposed trademark is available. Securing a domain name that matches your trademark can be valuable for online branding and marketing.
- State Trademark Databases: If you plan to operate only within a specific state, check the state’s trademark database, if available, to see if there are any similar marks registered at the state level.
- International Trademark Databases: If you intend to use the mark internationally, consider conducting searches in international trademark databases to identify potential conflicts in other countries.
- Consult with a Trademark Attorney: It is highly recommended to seek the advice of a qualified trademark attorney who can conduct a thorough search, interpret search results, and provide legal guidance on the availability and registrability of the proposed mark.
- Monitor Trademark Applications: Even after conducting a search, new trademark applications may be filed that could conflict with your proposed mark. Consider setting up a monitoring system to keep track of newly filed trademark applications in your industry.
Remember that even if a mark is available, it doesn’t guarantee that it will be approved for registration by the trademark office. It is essential to ensure that the proposed mark meets all the necessary legal requirements for trademark registration, including distinctiveness and non-confusion with existing marks.
In conclusion, determining the availability of a trademark involves conducting a thorough search, assessing potential conflicts, and seeking professional advice to ensure that the chosen mark is legally protectable and does not infringe upon the rights of others. Taking these steps will help mitigate the risk of legal disputes and strengthen your position when seeking trademark registration.
Do I need to sell a product or service to obtain a registered trademark?
No, you do not necessarily need to sell a product or service to obtain a registered trademark. In the United States and many other countries, trademark registration is based on the “use in commerce” principle, which means that to obtain a registered trademark, you must use the mark in connection with the goods or services in commerce. However, actual sales are not always a prerequisite for filing a trademark application.
There are two main types of trademark applications based on use:
- Actual Use-Based Application: In this type of application, the applicant must already be using the mark in commerce on or in connection with the specified goods or services at the time of filing the application. “Use in commerce” generally refers to the bona fide use of the mark in the ordinary course of trade, such as displaying the mark on products, packaging, or promotional materials related to the goods or services.
- Intent-to-Use (ITU) Application: If you have not yet started using the mark in commerce but have a bona fide intention to do so in the future, you can file an ITU application. This allows you to reserve the mark for your use, even before you begin selling the goods or services. However, you will need to submit a “Statement of Use” and evidence of actual use in commerce before the mark can be registered.
Keep in mind that obtaining a registered trademark through an ITU application requires demonstrating a genuine intent to use the mark in commerce. Filing a trademark application with no intention of using the mark for the specified goods or services could lead to the application being rejected or the registered trademark being canceled later.
It is essential to understand that trademark rights are established through actual use of the mark in commerce. Registering a trademark provides additional legal benefits and protections, making it easier to enforce your rights and protect against potential infringement.
Whether you are selling products, providing services, or have a genuine intention to do so in the future, you can apply for a trademark to secure your exclusive rights to the mark and protect your brand identity.
As the trademark application process can be complex and requires adherence to specific legal requirements, consulting with a trademark attorney is advisable to ensure a smooth and successful registration process. An attorney can guide you through the application process, conduct a thorough trademark search, and help you determine the appropriate basis for filing your application.
If I only provide my services locally, can I still obtain a federal trademark?
Yes, you can obtain a federal trademark in the United States, even if you only provide your services locally. The federal trademark registration process allows businesses and individuals to protect their trademarks on a national level, regardless of the scope of their operations.
The United States operates under a “use-based” system for trademark registration, meaning that you can apply for a federal trademark based on actual use of the mark in commerce, even if that use is limited to a specific geographic area. As long as you are using the mark in connection with the services in commerce and the mark meets the other legal requirements for trademark protection, you are eligible to apply for federal registration.
Here are the steps to apply for a federal trademark:
- Conduct a Trademark Search: Before filing a trademark application, it is essential to conduct a comprehensive trademark search to ensure that your proposed mark is available and does not conflict with existing trademarks.
- Prepare the Application: Prepare the trademark application, providing detailed information about your mark, the goods or services it represents, and the basis for filing (actual use or intent-to-use).
- File the Application: Submit the trademark application to the United States Patent and Trademark Office (USPTO) either online or by mail, along with the required filing fee.
- Application Review: The USPTO will review your application to ensure that it meets all legal requirements and that there are no conflicting marks.
- Publication and Opposition: If there are no issues with your application, it will be published in the USPTO’s Official Gazette for a period of time, during which others can oppose the registration if they believe it may cause confusion with their own marks.
- Registration: If no opposition is filed, and all requirements are met, your trademark will be registered, and you will receive a certificate of registration.
While a federal trademark provides nationwide protection, it is important to note that your rights may be limited to the geographic area in which you are actively using the mark. If you later expand your services to cover a broader geographic area, you may need to file additional trademark applications to protect the mark in those new regions.
Registering your trademark at the federal level offers several advantages, including enhanced legal protection, nationwide notice of ownership, the ability to use the ® symbol, and the potential to recover damages in case of infringement. To ensure a smooth and successful registration process, consider consulting with a trademark attorney who can guide you through the application process and help you understand the rights and protections associated with federal trademark registration.
What should I register first: the name of my business or my brand logo?
When considering trademark registration, it is common for businesses to wonder whether they should register the name of their business or their brand logo first. The decision will depend on several factors, including the distinctiveness and importance of each element to your brand.
- Name of the Business: Registering the name of your business as a trademark can be beneficial if it serves as the primary identifier of your brand. If your business name is unique, creative, and not merely descriptive of the products or services you offer, it can be a strong candidate for trademark registration. Securing a trademark for your business name provides protection for the entire brand, including the name’s use in different fonts, styles, and formats.
- Brand Logo: If your brand logo is visually distinctive and plays a crucial role in identifying your products or services, it may be wise to register it as a separate trademark. The logo may include stylized text, unique symbols, or graphic elements that distinguish it from other marks. By registering the logo, you gain exclusive rights to its use, and others cannot use a similar logo in connection with similar goods or services.
- Combined Registration: In some cases, businesses choose to register both the business name and the brand logo together in a single trademark application. This approach is advantageous when the name and logo work together as a cohesive brand identifier. By obtaining a combined registration, you simplify the registration process and protect the integrated use of both elements.
It is important to consider the following factors when making the decision:
– Distinctiveness: The more unique and distinctive an element is, the stronger the trademark protection it may receive. Descriptive elements may face greater challenges during the registration process.
– Importance to Brand Identity: Consider which element is more critical in building and maintaining your brand identity. Both the business name and logo can be valuable assets, but one may be more central to your brand recognition.
– Usage and Expansion Plans: Assess how you plan to use the name and logo in the future. If you anticipate using variations of your logo or adding new products or services, separate registrations might be more suitable.
– Budget Considerations: Registering trademarks incurs fees, so budget constraints may influence your decision. If resources are limited, you may choose to prioritize one over the other.
In conclusion, whether you should register the name of your business or your brand logo first depends on your brand strategy, distinctiveness, and long-term plans. In many cases, businesses choose to register both elements to maximize protection and strengthen their overall brand presence. To ensure a strategic and effective trademark registration strategy, consult with a trademark attorney who can provide personalized advice based on your specific business needs and goals.
What is a fanciful trademark?
A fanciful trademark, also known as a coined mark, is a type of trademark that consists of a made-up or invented word that has no meaning or relevance to the goods or services it represents. Fanciful trademarks are considered the strongest and most distinctive category of marks on the spectrum of trademark distinctiveness.
The distinctiveness of a trademark is essential for its eligibility for registration and protection under trademark law. Trademarks are generally categorized into five levels of distinctiveness:
- Generic Marks: These are common names for the goods or services themselves and cannot be registered as trademarks. For example, “Computer” for computers or “Coffee Shop” for a café.
- Descriptive Marks: Descriptive marks directly describe a characteristic, quality, or ingredient of the goods or services. They are generally not registrable unless they acquire secondary meaning through extensive use, such as “Soft & Silky” for a brand of lotion.
- Suggestive Marks: Suggestive marks hint at a quality or feature of the goods or services without directly describing them. They require some imagination or mental leap to understand the connection between the mark and the goods or services. An example is “Microsoft” for computer software.
- Arbitrary Marks: Arbitrary marks use common words in a context unrelated to the goods or services they represent. These marks are inherently distinctive and eligible for trademark protection. For instance, “Apple” for computers and electronics.
- Fanciful Marks: Fanciful marks are entirely invented words with no dictionary meaning. They are created solely to function as trademarks and have the highest level of distinctiveness and protection. Examples include “Kodak” for photography equipment and “Xerox” for copiers.
The strength of a trademark increases from generic to fanciful, with fanciful marks offering the most protection against potential infringement or dilution. Fanciful trademarks are easy to enforce because their uniqueness and lack of association with common words or phrases make it clear when others are using confusingly similar marks.
When choosing a trademark, creating a fanciful mark can be a strategic approach to ensure strong legal protection and minimize the risk of competitors adopting similar marks. However, fanciful marks may require more effort in building brand recognition since consumers are not familiar with the words initially. Effective marketing and consistent use can help establish strong brand association and consumer recognition over time.
In conclusion, a fanciful trademark is a uniquely invented word or term with no pre-existing meaning, making it highly distinctive and eligible for strong trademark protection. By choosing a fanciful mark, businesses can build a unique brand identity and reduce the likelihood of trademark disputes in the future.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. It is an online platform provided by the United States Patent and Trademark Office (USPTO) that allows applicants to electronically file trademark applications and manage their trademark registrations.
TEAS offers several different application forms to accommodate various types of trademark filings, including:
- TEAS Plus: TEAS Plus is the most cost-effective option for filing a trademark application. It requires applicants to meet specific requirements, such as providing a detailed description of the goods or services using pre-approved USPTO terminology and agreeing to use electronic communication throughout the application process. In exchange for meeting these requirements, the application fee is lower than other TEAS forms.
- TEAS Reduced Fee (TEAS RF): TEAS RF is similar to TEAS Plus, but it allows applicants to use their own goods and services descriptions rather than selecting from pre-approved USPTO terms. The fee is slightly higher than TEAS Plus but lower than TEAS Standard.
- TEAS Standard: TEAS Standard allows applicants more flexibility in their filings, but the application fee is higher compared to TEAS Plus and TEAS RF. It does not require adherence to the strict requirements of TEAS Plus or TEAS RF.
- TEAS Renewal Application: This form is used for renewing existing trademark registrations.
- TEAS Petition: TEAS Petition is used to file certain requests or petitions related to trademark applications or registrations.
TEAS offers several advantages over traditional paper filing, including faster processing times, immediate filing date, and secure online access to application status and registration information.
To use TEAS, applicants must create an account on the USPTO website and provide the required information for the trademark application. The system guides applicants through the various steps and allows them to upload necessary documents electronically.
It is essential to be accurate and thorough when completing a trademark application through TEAS, as any mistakes or omissions could delay the registration process or lead to potential issues with the application.
Overall, TEAS streamlines the trademark application process, making it more efficient and accessible for applicants. It is recommended to review the various TEAS options and consult with a trademark attorney before filing to ensure the most appropriate and cost-effective application form is chosen and to address any specific legal considerations related to the application.
How long does the trademark application process take?
The timeline for the trademark application process can vary depending on several factors, including the filing basis, the complexity of the application, and the workload of the United States Patent and Trademark Office (USPTO). On average, the entire process can take anywhere from several months to over a year to complete. Here are the key stages and estimated durations of the trademark application process:
- Filing the Application: The initial step involves submitting the trademark application through the Trademark Electronic Application System (TEAS). The filing itself typically takes a short time, usually within a day, as long as the necessary information and fees are provided correctly.
- Application Review: After filing, the USPTO will conduct a preliminary review of the application to check for any deficiencies or formalities. This process usually takes a few weeks to a few months, depending on the workload of the examining attorney.
- Publication Period: If the application passes the initial review, it will be published in the USPTO’s Official Gazette for a 30-day period. During this time, third parties have the opportunity to oppose the registration if they believe it may cause confusion with their own marks. If an opposition is filed, it can significantly extend the application process.
- Issuance of Notice of Allowance: If no oppositions are filed, or if they are resolved in favor of the applicant, the USPTO will issue a Notice of Allowance, indicating that the mark has been approved for registration. This usually occurs within a few months after the end of the publication period.
- Statement of Use (For Intent-to-Use Applications): If the application was filed on an intent-to-use basis, the applicant must submit a Statement of Use, providing evidence of the mark’s actual use in commerce. The processing time for this step can vary, but it typically takes a few months.
- Registration: Once the USPTO receives and approves the Statement of Use (or if the application was based on actual use from the start), the trademark will be registered, and the applicant will receive a certificate of registration. The registration process can take a few weeks to a few months.
It’s important to note that these timelines are estimates and can be affected by various factors, including the complexity of the application, potential legal challenges, and the USPTO’s workload at the time of filing. Additionally, delays may occur if the applicant needs to respond to office actions or provide additional information requested by the USPTO.
To expedite the application process and ensure that the application is correctly filed, it is advisable to seek the assistance of a qualified trademark attorney. An attorney can help navigate the complexities of the trademark application process, conduct a comprehensive trademark search, and address any legal issues that may arise during the examination process.
How long does a trademark last?
Once a trademark is registered with the United States Patent and Trademark Office (USPTO), it can potentially last indefinitely, as long as certain renewal requirements are met. Unlike some forms of intellectual property, such as patents, which have a limited duration, trademark rights can be maintained and protected as long as the mark is being used in commerce and the required maintenance filings are made.
In the United States, trademark registrations are initially valid for ten years from the date of registration. However, to keep the trademark registration active beyond the initial ten-year period, the trademark owner must file a declaration of continued use (or excusable non-use) and a renewal application between the ninth and tenth year after the registration date.
The renewal process allows the trademark owner to continue using the mark and maintain its exclusive rights to it. If the renewal is timely filed and all requirements are met, the registration will be extended for another ten years from the date of the original registration’s expiration.
Subsequent renewals must be filed every ten years to keep the trademark registration active. There is no limit to the number of times a trademark can be renewed, provided the mark continues to be used in commerce and the renewal filings are made according to the USPTO’s requirements.
It is crucial for trademark owners to be aware of the renewal deadlines and to keep track of their registration status to avoid unintentional abandonment of their trademark rights. If a registration is allowed to lapse or is not renewed in a timely manner, it could result in the loss of valuable rights to the mark.
Additionally, it’s essential to continue using the mark in commerce to maintain its validity. Trademarks can be vulnerable to cancellation if they are not actively used for an extended period and if others challenge their continued validity.
In conclusion, a registered trademark can last indefinitely, as long as the required renewal filings are made every ten years, and the mark continues to be used in commerce. By maintaining a vigilant approach to renewal deadlines and ensuring consistent use of the mark, trademark owners can preserve their exclusive rights to the mark and protect their brand identity in the marketplace. To navigate the renewal process and other aspects of trademark management, consulting with a trademark attorney can be beneficial to ensure compliance with all legal requirements and protect the value of the mark over time.
Can I use a trademark without registering it?
Yes, you can use a trademark without registering it. Trademark rights in the United States are established through actual use of the mark in commerce, whether or not the mark is registered with the United States Patent and Trademark Office (USPTO). This is known as common law trademark rights.
When you use a mark in connection with the sale of goods or the provision of services, you automatically acquire common law trademark rights in the geographic areas where the mark is being used. These rights generally extend to the areas where the mark is known and recognized by consumers. Common law rights provide you with some level of protection against others using a confusingly similar mark in the same geographic area and within the same industry.
Using a trademark without registration has some advantages and disadvantages:
Advantages of Using a Trademark without Registration:
- Immediate Use: You can begin using the mark in commerce immediately, without having to wait for the USPTO registration process to complete.
- Cost Savings: Registering a trademark involves application fees and legal costs. By relying on common law rights, you can avoid these expenses.
- Early Protection: Common law rights offer some level of protection in the areas where you are using the mark, even before the mark is registered.
Disadvantages of Using a Trademark without Registration:
- Limited Geographic Protection: Common law rights are generally limited to the specific geographic areas where the mark is used. If you plan to expand your business beyond your local region, you may encounter conflicts with existing marks in other areas.
- Limited Legal Remedies: While common law rights provide some protection, they are not as robust as the legal protections afforded to registered trademarks. Registering your trademark provides additional legal advantages, such as nationwide protection and the ability to use the ® symbol.
- Proof of Use: In case of trademark disputes or legal challenges, you may need to provide evidence of your prior use of the mark to establish your common law rights. Registration creates a legal presumption of ownership and validity.
Given the potential limitations of common law rights, many businesses choose to register their trademarks with the USPTO. Registering a trademark provides stronger and broader protection, reduces the risk of conflicts with other marks, and enhances the overall value of the mark.
If your brand and business are expanding, and you anticipate significant growth and recognition, it is generally recommended to seek federal registration for your trademark. Consulting with a trademark attorney can help you navigate the registration process, assess your rights, and determine the best strategy to protect your brand effectively.
When should I hire a trademark lawyer?
Hiring a trademark lawyer is a crucial step when you are considering trademark registration or need assistance with any trademark-related matter. While it is possible to file a trademark application on your own, working with a knowledgeable trademark attorney can significantly benefit your business and protect your brand’s intellectual property rights. Here are some key situations when you should consider hiring a trademark lawyer:
- Trademark Search and Clearance: Before adopting and filing a trademark application, conducting a comprehensive trademark search is essential to identify any existing marks that may conflict with yours. A trademark attorney can conduct a thorough search and analyze the results, providing you with valuable insights on potential risks and the strength of your proposed mark.
- Trademark Application Preparation: Preparing a trademark application requires careful attention to detail and adherence to specific legal requirements. A trademark lawyer can assist you in crafting a strong application, ensuring that all necessary information is included and potential issues are addressed.
- Complex Trademark Matters: If your trademark application encounters obstacles, such as objections or office actions from the USPTO, a trademark lawyer can navigate the complexities of the process, respond to the USPTO’s inquiries, and advocate for your mark’s registration.
- Trademark Monitoring and Enforcement: Once your trademark is registered, it’s crucial to monitor its use and enforce your rights against potential infringers. A trademark attorney can help you proactively monitor for unauthorized use and take appropriate legal actions if infringement occurs.
- International Trademark Protection: If you plan to expand your business globally, a trademark lawyer can guide you through the intricacies of international trademark registration and help you protect your mark in foreign markets.
- Trademark Portfolio Management: If your business owns multiple trademarks, a trademark attorney can assist in managing your portfolio, ensuring timely renewals, and advising on strategic trademark decisions.
- Trademark Licensing and Assignments: If you intend to license or transfer your trademark rights to others, a trademark lawyer can draft and negotiate licensing agreements or handle trademark assignments.
- Trademark Disputes and Litigation: In the unfortunate event of trademark infringement or disputes, a trademark lawyer can represent your interests in negotiations or legal proceedings to protect your mark and reputation.
In conclusion, hiring a trademark lawyer is highly recommended when dealing with trademark-related matters to ensure that your brand’s intellectual property rights are adequately protected and enforced. An experienced trademark attorney can provide expert advice, save you time and effort, and increase the likelihood of successful trademark registration and enforcement. As trademarks are valuable assets for businesses, investing in professional legal counsel is a wise decision to safeguard your brand’s identity and market position.
What is a trademark’s specimen?
In the context of trademark registration, a specimen is a sample or example of how the trademark is actually used in commerce on the goods or in connection with the services listed in the trademark application. The United States Patent and Trademark Office (USPTO) requires applicants to submit a specimen to demonstrate that the mark is being used in a real commercial context.
The purpose of providing a specimen is to show that the trademark is not just an idea or intention, but that it is actively being used in the marketplace to identify the source of goods or services. This is particularly important for trademarks that are filed on an “actual use” basis, meaning the mark is already in use at the time of filing.
The acceptable format of a specimen varies depending on the nature of the goods or services:
- For Goods: If the mark is used to identify goods, acceptable specimens include photographs or scanned images showing the mark directly on the product, on the product’s packaging, or on labels or tags affixed to the product.
- For Services: If the mark is used to identify services, acceptable specimens may include advertising materials, brochures, signs, business cards, or other materials that display the mark in connection with the services being provided.
The specimen should clearly show the mark as it is used in the ordinary course of trade. It should be free from any alterations or modifications that could affect its distinctive character or create confusion regarding the mark’s presentation.
It’s important to note that providing the correct and acceptable specimen is a critical aspect of the trademark application process. If the specimen does not meet the USPTO’s requirements or fails to show proper use of the mark in commerce, the application may be refused or delayed.
To ensure that your trademark application includes an appropriate specimen, consulting with a trademark attorney is recommended. An experienced attorney can guide you in selecting the best specimen to support your application and help you navigate the entire trademark registration process to increase the likelihood of a successful registration.
Can I request an expedited approval of my trademark registration?
Yes, you can request an expedited review of your trademark application under certain circumstances. The United States Patent and Trademark Office (USPTO) offers an option called “TEAS RF” (Reduced Fee) for the Trademark Electronic Application System, which allows applicants to file for expedited processing of their application.
To qualify for expedited processing, you must meet one of the following two criteria:
- Pending Lawsuit or Court Action: If you have a pending lawsuit or court action that requires the expedited processing of your trademark application, you may be eligible for TEAS RF. This typically applies in situations where a court has issued a judgment or an order related to your trademark rights.
- Special Circumstances: In exceptional cases, the USPTO may consider granting expedited processing if you can demonstrate “special circumstances” that warrant faster consideration of your application. However, these circumstances are generally limited to urgent situations and not typical cases.
It’s important to note that expedited processing is not available for all trademark applications, and the USPTO reviews each request on a case-by-case basis. Expedited processing is subject to approval by the USPTO, and they have the discretion to determine whether the request meets the necessary criteria for expedited review.
While expedited processing can accelerate the initial review of the application, it does not necessarily guarantee faster approval or registration. The standard examination process, which includes reviewing the application for compliance with all legal requirements and possible conflicts with existing marks, still applies to expedited applications.
If your trademark application does not meet the requirements for expedited processing, the standard processing times will apply. The duration of the standard process can vary, as discussed earlier, depending on various factors such as the filing basis, the complexity of the application, and the USPTO’s workload.
In conclusion, expedited processing of a trademark application is available under specific circumstances, such as pending lawsuits or special circumstances that justify faster consideration. If you believe your application qualifies for expedited review, you can request TEAS RF and provide the necessary supporting documents. If you are unsure whether your situation qualifies for expedited processing, consulting with a trademark attorney can help you determine the most appropriate course of action and navigate the trademark application process efficiently.
Can I trademark a phrase?
Yes, you can trademark a phrase if it meets the legal requirements for trademark protection. A phrase can be registered as a trademark if it is used to identify the source of goods or services and if it is distinctive enough to distinguish your products or services from those of others in the marketplace.
To be eligible for trademark registration, a phrase should fall into one of the following categories of trademark distinctiveness:
- Fanciful or Coined Phrase: A fanciful or coined phrase is a completely invented or made-up combination of words that has no existing meaning. These types of phrases are the strongest and most protectable as trademarks. For example, “Xerox®” for photocopiers or “Kodak®” for cameras.
- Arbitrary Phrase: An arbitrary phrase is a common word or phrase that is used in a context unrelated to the goods or services it represents. This type of phrase is also highly distinctive and can be registered as a trademark. An example is “Apple®” for computers and electronics.
- Suggestive Phrase: A suggestive phrase suggests a quality or characteristic of the goods or services without directly describing them. These phrases can be registered as trademarks with evidence of distinctiveness and secondary meaning. For instance, “Netflix®” for online streaming services.
- Descriptive or Generic Phrase: Descriptive phrases, which directly describe the goods or services they represent, and generic phrases, which are common names for the goods or services themselves, are generally not eligible for trademark registration. However, if a descriptive phrase acquires secondary meaning through extensive use, it may become eligible for registration.
When applying to register a phrase as a trademark, you will need to provide a specimen showing how the phrase is used in commerce to identify the source of your goods or services. This specimen can be a label, packaging, advertisement, or any other material that displays the phrase in connection with the products or services.
As with any trademark application, it is essential to conduct a comprehensive trademark search to ensure that the phrase is available for registration and does not conflict with existing trademarks.
If you believe your phrase meets the criteria for trademark protection and registration, it is advisable to seek the assistance of a trademark attorney. An attorney can guide you through the application process, help you overcome potential obstacles, and ensure that your rights to the phrase are adequately protected.
Can I trademark a logo?
Yes, you can trademark a logo if it meets the requirements for trademark protection. A logo is a visual representation or design used to identify and distinguish the source of goods or services, making it eligible for trademark registration.
To qualify for trademark protection, a logo must be distinctive enough to set it apart from other logos in the marketplace. Like phrases, logos can fall into different categories of trademark distinctiveness:
- Fanciful or Coined Logo: A fanciful or coined logo is a unique and creative design that has no pre-existing meaning. These logos are considered the strongest and most protectable as trademarks. For example, the Apple Inc. logo featuring an apple with a bite taken out of it.
- Arbitrary Logo: An arbitrary logo uses common images or symbols in a context unrelated to the goods or services it represents. This type of logo is also highly distinctive and can be registered as a trademark. An example is the Nike “swoosh” logo.
- Suggestive Logo: A suggestive logo hints at a quality or characteristic of the goods or services without directly describing them. These logos can be registered with evidence of distinctiveness and secondary meaning. For instance, the Amazon logo with a curved arrow pointing from “A” to “Z.”
- Descriptive or Generic Logo: Logos that are purely descriptive of the goods or services they represent, or are common symbols for the goods or services themselves, are generally not eligible for trademark registration. However, if a descriptive logo acquires secondary meaning through extensive use, it may become eligible for registration.
When applying for trademark registration of a logo, you will need to provide a specimen showing how the logo is used in commerce to identify the source of your goods or services. This specimen can be on packaging, labels, advertising materials, or any other medium where the logo is displayed in connection with your products or services.
As with any trademark application, conducting a thorough trademark search is essential to ensure the logo is available for registration and does not conflict with existing trademarks.
To increase the likelihood of a successful trademark registration, and to navigate the application process efficiently, it is recommended to work with a trademark attorney. An attorney can assist in preparing the application, evaluating the distinctiveness of the logo, conducting the necessary searches, and addressing any potential legal issues that may arise during the examination process. This will help ensure that your logo receives the protection it deserves and that your brand identity is safeguarded in the marketplace.
Can I trademark a color?
Yes, under certain circumstances, you can trademark a color. However, obtaining a trademark for a color is more challenging than registering traditional word marks or logos. The United States Patent and Trademark Office (USPTO) recognizes that colors can function as trademarks if they meet specific requirements and acquire distinctiveness in connection with certain goods or services.
To be eligible for trademark protection, a color must be inherently distinctive or have acquired secondary meaning, indicating that consumers associate the color with a particular source of goods or services. Here are the two categories of color trademarks:
- Inherently Distinctive Color: Inherently distinctive colors are rare and consist of colors that are so unique and unusual that they automatically indicate the source of a product or service. Examples include the distinctive Tiffany Blue color for jewelry boxes or the UPS Brown color for package delivery services.
- Acquired Distinctiveness: Most color trademarks fall into this category. These are colors that, over time and through extensive use in commerce, have come to be associated with a specific brand or source of goods or services. To register a color through acquired distinctiveness, the applicant must provide substantial evidence showing that consumers recognize the color as an indicator of origin for the goods or services.
When applying to register a color as a trademark, you will need to provide substantial evidence of the color’s distinctiveness or secondary meaning. This evidence may include consumer surveys, marketing materials, advertising expenditures, media coverage, and any other relevant information that demonstrates the public’s recognition of the color as a symbol of your brand.
It’s important to note that color trademarks are limited in scope and protection. If granted, a color trademark would typically apply only to the specific goods or services for which the color is associated with the brand. Other companies may still use the same color in different industries or for unrelated goods and services.
Due to the complexities involved in obtaining color trademarks, it is highly recommended to seek the assistance of a trademark attorney with experience in color trademarks. An attorney can guide you through the application process, help gather the necessary evidence, and present a compelling case to the USPTO, increasing your chances of successfully obtaining a color trademark registration.
Can I transfer my trademark to someone else?
Yes, you can transfer your trademark to someone else through a process called trademark assignment. A trademark assignment is a legal transfer of ownership rights from the current owner (the assignor) to another party (the assignee). This transfer of ownership can be either partial or complete, and it typically involves the transfer of all associated rights and goodwill related to the trademark.
Trademark assignments are common in various business scenarios, such as mergers, acquisitions, brand restructuring, or when a trademark owner wishes to sell or license their trademark rights to another entity.
To effect a valid trademark assignment, the following steps should be taken:
- Prepare a Trademark Assignment Agreement: Both the current owner (assignor) and the new owner (assignee) must enter into a written agreement that clearly outlines the terms and conditions of the trademark transfer. The agreement should include details about the trademark being assigned, the effective date of the assignment, and any consideration exchanged between the parties.
- Execute the Assignment Agreement: Both parties must sign the trademark assignment agreement to make it legally binding. It’s essential to ensure that the agreement is properly executed, preferably with the assistance of a legal professional.
- Record the Assignment with the USPTO: While recording the assignment with the USPTO is not mandatory, it is highly recommended to do so to provide public notice of the ownership change. Recording the assignment also helps establish the new owner’s rights and protects against any potential conflicting claims.
- Update Trademark Records: Inform any relevant parties, such as licensees, suppliers, distributors, and business partners, about the trademark assignment to avoid confusion and ensure the smooth transition of rights.
It’s important to note that while trademark assignment transfers ownership of the mark, it does not affect the validity or registration status of the trademark with the USPTO. The assignee steps into the shoes of the original owner and assumes all the rights and responsibilities associated with the trademark.
If you are considering a trademark assignment or need assistance with the process, it is advisable to consult with a trademark attorney. An attorney can help you draft the assignment agreement, ensure that all legal requirements are met, and guide you through the steps to complete the transfer smoothly and effectively. Additionally, a legal professional can provide advice on the implications of the assignment and the impact on your business and brand identity.
Can I license my trademark to others?
Yes, you can license your trademark to others through a trademark licensing agreement. Licensing your trademark allows another party (the licensee) to use your trademark in connection with specific goods or services while you, as the trademark owner (the licensor), retain ownership and control over the mark.
Trademark licensing can be a beneficial business strategy for both parties involved:
Benefits for the Licensor:
- Generate Revenue: Licensing your trademark can be a source of additional income for your business. You can charge the licensee licensing fees, royalties, or a combination of both, depending on the terms of the agreement.
- Expand Market Reach: Licensing allows your trademark to be used in new geographic regions or in industries where you may not have a presence. This can help increase brand visibility and market reach.
- Brand Exposure: A well-executed licensing agreement can lead to increased brand exposure and consumer recognition, as the licensee uses the trademark to promote the licensed products or services.
Benefits for the Licensee:
- Brand Association: By using a well-established trademark, the licensee can leverage the reputation and goodwill associated with the mark, which may help them gain consumer trust and recognition.
- Market Credibility: Licensing a reputable trademark can enhance the credibility of the licensee’s products or services in the eyes of consumers.
- Product Differentiation: A licensed trademark can help the licensee’s products or services stand out from competitors by associating them with a recognized and trusted brand.
To ensure a successful trademark licensing arrangement, the licensing agreement should be carefully drafted and include essential provisions such as:
- Scope of the License: Clearly define the rights granted to the licensee, including the specific goods or services covered, the geographic area of use, and the duration of the license.
- Quality Control: The agreement should outline the licensor’s requirements for maintaining the quality of the products or services associated with the trademark. This is crucial to preserve the reputation of the trademark.
- Compensation and Royalties: Specify the licensing fees, royalty rates, payment terms, and any other financial considerations.
- Termination and Renewal: Include provisions for the termination or renewal of the licensing agreement.
- Intellectual Property Ownership: Clarify that the licensor retains ownership of the trademark, and the licensee does not acquire any rights to the trademark beyond what is explicitly granted in the agreement.
As with any legal arrangement, it is advisable to consult with a trademark attorney to draft a comprehensive and well-structured licensing agreement. An attorney can ensure that your rights as a trademark owner are protected and that the agreement aligns with your business goals. Additionally, a legal professional can help negotiate the terms of the license and address any potential issues that may arise during the licensing process.
If my trademark is registered in the United States, is it protected in other countries as well?
No, registering your trademark in the United States does not automatically provide protection in other countries. Trademark rights are generally territorial, meaning that they are granted on a country-by-country basis. Registering your trademark with the United States Patent and Trademark Office (USPTO) only provides protection within the United States and its territories.
If you wish to protect your trademark in other countries, you will need to file separate trademark applications in each country where you seek protection. This process can be time-consuming, complex, and costly, as each country has its own set of trademark laws, application procedures, and examination processes.
There are two primary ways to seek international protection for your trademark:
- National or Regional Applications: This involves filing individual trademark applications in each country where you want protection. Some countries also participate in regional trademark systems, such as the European Union Intellectual Property Office (EUIPO) for EU member states.
- International Trademark System (Madrid System): The Madrid System offers a more streamlined and centralized process for filing trademark applications in multiple countries. Under this system, you can file a single international application through the World Intellectual Property Organization (WIPO) designating one or more member countries. The application is then examined and processed by the national or regional trademark offices of the designated countries.
While the Madrid System can simplify the process of seeking international protection, it is essential to note that not all countries are members of the system. Additionally, individual countries can still refuse protection or raise objections to the international application based on their national laws and regulations.
Before pursuing international trademark registration, it is crucial to conduct a thorough trademark search in each target country to ensure that your mark is available for registration and does not conflict with existing trademarks.
Given the complexities of international trademark registration, seeking the assistance of a trademark attorney with experience in international trademark law is highly recommended. An attorney can guide you through the process, advise on the best strategies for protection, and help ensure that your trademark is adequately safeguarded in the global marketplace.
Is there such a thing as an “International Trademark”?
While there is no single “International Trademark” that provides worldwide protection for your mark, there are international systems and treaties that facilitate the process of seeking trademark protection in multiple countries. The most notable system for international trademark registration is the Madrid System, administered by the World Intellectual Property Organization (WIPO).
The Madrid System allows trademark owners to apply for protection in multiple countries through a single international application. This simplifies the process and reduces costs compared to filing individual applications in each country. However, it’s important to understand that the Madrid System is not a single registration that automatically grants protection in all member countries.
Here’s how the Madrid System works:
- Central Application: Trademark owners who have an existing national or regional trademark application or registration in their home country (referred to as the “basic application” or “basic registration”) can use the Madrid System to expand their protection to other countries. They submit an international application designating the member countries where they seek protection.
- Examination and Designation: The international application is examined by the International Bureau of WIPO to ensure compliance with formal requirements. After examination, it is then forwarded to the designated member countries for examination under their national laws. Each country will independently decide whether to grant protection.
- Territorial Application: Once the trademark is accepted and registered in a designated member country, it is treated as if it were applied for and registered under that country’s national laws. Each country’s trademark office oversees the protection and enforcement of the mark within its territory.
It’s essential to be aware that not all countries are members of the Madrid System. As of my last update in September 2021, there were over 120 member countries, including many major economies. However, notable exceptions, such as Canada and some Latin American countries, are not part of the system.
Additionally, the Madrid System has its limitations and challenges. If the basic application or registration is canceled or invalidated within five years from the international registration, the Madrid registration may also be affected.
To navigate the complexities of international trademark registration and determine the best strategy for your specific situation, it is advisable to work with a trademark attorney with experience in international trademark law. An attorney can assist in preparing and filing the international application, guide you through the examination process in each designated country, and help ensure that your trademark is effectively protected in the global marketplace.
What is a trademark office action?
A trademark office action is an official written communication from the trademark examining attorney at the United States Patent and Trademark Office (USPTO) in response to a filed trademark application. The purpose of the office action is to inform the applicant of any issues, deficiencies, or objections found during the initial examination of the application.
Office actions can occur during the examination process for both intent-to-use and actual-use-based trademark applications. The examining attorney reviews the application to ensure compliance with all legal requirements and to determine whether the proposed mark is eligible for registration.
There are two main types of office actions:
- Non-Final Office Action: This is the initial office action that identifies any potential issues with the application. Common reasons for non-final office actions include:
– Likelihood of Confusion: The examining attorney may find that the proposed mark is too similar to an existing registered or pending mark, leading to a likelihood of confusion among consumers.
– Descriptiveness or Genericness: If the mark is deemed descriptive or generic, it may be refused registration. Descriptive marks merely describe the goods or services, while generic marks are common terms used to refer to the goods or services themselves.
– Specimen Deficiencies: If the submitted specimen does not meet the USPTO’s requirements for showing the mark in actual use in commerce, the application may receive an office action.
– Ownership or Entity Type Issues: Sometimes, issues related to the ownership of the mark or the type of entity applying for the trademark can result in an office action.
- Final Office Action: If the applicant’s response to the non-final office action does not fully address the issues raised, or if new issues are identified, the examining attorney may issue a final office action. This action serves as the last opportunity for the applicant to respond before the application is abandoned.
In response to an office action, the applicant has a limited period (usually six months) to submit a formal written response to address the issues raised. The response must include arguments, evidence, or amendments that overcome the examiner’s concerns.
If the applicant’s response successfully addresses all the issues, the examining attorney will approve the application, and the mark will proceed to publication in the Official Gazette. If the response is deemed insufficient or the issues cannot be resolved, the application may be refused.
Given the importance of responding adequately to trademark office actions, seeking the assistance of a trademark attorney is highly recommended. An experienced attorney can assess the issues raised, formulate a strong response, and increase the likelihood of successful trademark registration.
What should I do if I receive an office action on my trademark application?
Receiving an office action on your trademark application does not necessarily mean the end of your application. It is a common part of the trademark registration process, and many applications encounter issues that need to be addressed. If you receive an office action, here are the steps you should take to respond effectively:
- Carefully Review the Office Action: Read the office action thoroughly to understand the specific issues raised by the trademark examining attorney. Identify the reasons for the refusal or any deficiencies that need to be corrected.
- Seek Legal Advice: Consider seeking the assistance of a trademark attorney. An experienced attorney can help you interpret the office action, advise you on the best course of action, and draft a strong response to address the issues effectively.
- Understand the Deadline: Office actions have specific response deadlines, usually six months from the date of issuance. It is crucial to adhere to the deadline to avoid the risk of application abandonment.
- Gather Evidence and Documentation: If the issues raised in the office action are related to the distinctiveness of your mark, likelihood of confusion, or other trademark requirements, gather evidence and documentation to support your position. This may include evidence of acquired distinctiveness, consumer survey results, or other materials that demonstrate the mark’s significance in the marketplace.
- Amend the Application, if Necessary: If the office action points out deficiencies in the application, such as incorrect information or inaccurate descriptions, make the necessary amendments to the application to ensure compliance with the USPTO’s requirements.
- Provide Clear Arguments: Draft a comprehensive and well-structured response to the office action. Clearly address each issue raised, providing legal arguments, evidence, and explanations as to why your mark should be registered.
- Maintain Professional Tone: Your response should be professional and respectful. Avoid using inflammatory language or making baseless claims that could undermine your case.
- Submit the Response on Time: Ensure that your response is submitted before the response deadline stated in the office action. Late responses may result in the abandonment of the application.
- Wait for USPTO Review: After submitting your response, the examining attorney will review your arguments and evidence. They will then issue another office action indicating whether your response was successful in addressing the issues raised.
If your response adequately addresses the issues in the office action, the USPTO will approve your application, and your mark will proceed to publication in the Official Gazette. If the examining attorney remains unconvinced or finds other issues, they may issue a final office action. At this point, you may have limited options for further response.
Responding to an office action requires careful attention to detail and a thorough understanding of trademark law. Working with a trademark attorney can significantly improve your chances of overcoming the issues raised in the office action and successfully registering your trademark.
How do I enforce my trademark rights?
Enforcing your trademark rights is essential to protect your brand’s identity and reputation in the marketplace. If you believe someone is infringing on your trademark or using a similar mark that may cause confusion among consumers, taking prompt and appropriate action is crucial. Here are the steps to enforce your trademark rights:
- Monitor for Infringement: Regularly monitor the marketplace for unauthorized use of your trademark or any similar marks that could potentially lead to confusion. This can include conducting online searches, monitoring social media platforms, and keeping an eye on competitors’ activities.
- Gather Evidence: If you find evidence of potential infringement, gather all relevant evidence documenting the unauthorized use of your mark. This evidence may include screenshots, photographs, product samples, advertisements, or any other materials that demonstrate the infringement.
- Assess the Infringement: Evaluate the extent of the infringement and the potential harm it may cause to your brand. Determine whether the infringing use is likely to cause confusion among consumers or dilute the distinctive quality of your mark.
- Contact the Infringer: In many cases, sending a cease and desist letter to the infringing party is the first step in enforcing your trademark rights. The letter should clearly state your ownership of the trademark, provide evidence of the infringement, and demand that the infringing party immediately cease using the mark.
- Negotiate or Take Legal Action: Depending on the response from the infringing party, you may need to negotiate a resolution or proceed with legal action. Legal options may include filing a lawsuit for trademark infringement in federal court or initiating a proceeding before the Trademark Trial and Appeal Board (TTAB) if the infringement is related to a registered trademark.
- Proving Infringement: To succeed in an infringement lawsuit, you must prove that the unauthorized use of your mark is likely to cause confusion among consumers regarding the source of goods or services. Evidence of your continuous and consistent use of the mark, consumer recognition of the mark, and the similarity between the marks are essential factors in establishing infringement.
- Cease and Desist Orders or Injunctions: If the court or TTAB finds in your favor, you may be granted a cease and desist order or an injunction, requiring the infringing party to stop using the mark immediately.
- Damages and Remedies: In successful trademark infringement cases, you may be entitled to monetary damages for lost profits and other economic losses resulting from the infringement.
Enforcing your trademark rights requires vigilance, legal knowledge, and strategic decision-making. Working with a trademark attorney who specializes in intellectual property law can be invaluable in navigating the enforcement process and protecting your brand from unauthorized use or infringement. An attorney can help you assess the best course of action, prepare the necessary legal documents, and represent your interests effectively in negotiations or court proceedings.
Why Trademark Registration Matters for Manchester Businesses
Situated in the cultural heart of New Hampshire, Manchester, New Hampshire is bustling with vibrant arts and culture scenes and has plenty of activities for anyone of any age. This friendly city is the perfect blend of old and new, which is why it’s ideal for small business owners.
Entrepreneurs are smart to start their new ventures in Manchester. They just need to remember to register their trademarks early in the process. Otherwise, there could be complications down the line.
In the quaint town of Manchester, a man named Ethan was deeply passionate about vintage motorcycles. Growing up, he spent countless hours in his father’s garage, learning the art of restoring these two-wheeled beauties to their former glory. Now, with an unwavering determination, Ethan aspired to open his very own motorcycle restoration workshop. After an exhaustive search, he stumbled upon the perfect spot and signed a lease. With an exuberant smile on his face, Ethan proudly adorned the entrance with a sign that read “Manchester Retro Revival.”
Amidst the excitement of turning his dreams into reality, Ethan was aware of the importance of trademark registration. However, he found himself caught up in a whirlwind of activities. From revamping the workshop to crafting captivating marketing materials and establishing an online presence, his days were filled to the brim. On top of that, he meticulously interviewed skilled mechanics to join his team, eager to create a haven for motorcycle enthusiasts.
Eight months of relentless effort culminated in the grand opening of Manchester Retro Revival, and Ethan’s expertise in motorcycle restoration rapidly earned him a glowing reputation. Word of mouth spread like wildfire, drawing motorcycle aficionados from all corners of the country to his website, eager to purchase rare parts and accessories.
Yet, amidst the jubilant atmosphere, a sudden twist of fate loomed on the horizon. Ethan was taken aback when he received a cease-and-desist letter one morning. It seemed that another motorcycle restoration workshop in the neighboring town had a strikingly similar name to his business, leading some customers to mistakenly contact them, assuming it was Ethan’s shop. The owners of this rival establishment were understandably displeased by the confusion.
The rival workshop had prudently registered their trademark with the USPTO, granting them the authority to request that Ethan cease his operations and rebrand his business. The letter even contained veiled threats of legal repercussions should he fail to comply. This news struck Ethan like a bolt from the blue, leaving him at a loss for how to navigate the challenging situation. Determined to find a solution, he decided to seek the counsel of a licensed trademark attorney, hoping to salvage his lifelong dream and protect Riverside Retro Revival from an uncertain fate.
Trademark registration is crucial for any new business, no matter how big or small it is. Even if you’re just a one-person operation, or you think you’re too busy, you need to start the trademark registration process sooner rather than later. There’s just no excuse to not do it.
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 Manchester and yet it can assist businesses from New Hampshire in registering a federal Trademark because trademarks are governed under federal law.