San Luis Obispo, California Businesses Use Cohn Legal for Trademark Services
Cohn Legal Group is a boutique law firm that provides trademark law services to entrepreneurs, startups, and small businesses in San Luis Obispo, California. Our number one goal is to offer exceptional legal guidance and support to all of our clients at cost-effective rates. Whether you’re just starting out or you’re in the middle of tough contract negotiation, we’re here for you.
Top 8 Questions San Luis Obispo Businesses Have About Obtaining a Trademark
What is the role of the USPTO?
The United States Patent and Trademark Office (also known as the USPTO) is the federal office that reviews and approves or denies trademark applications. The USPTO also keeps records of all existing and pending trademarks.
They do not, however, monitor for instances of trademark infringement. It is the responsibility of the owner of the trademark to protect and enforce their trademark rights.
How do I register a trademark?
To register a trademark with the USPTO, you should submit a trademark application through their Trademark Electronic Application System (also known as TEAS). As of February 2020, this online portal is the only way trademark applications are accepted by the USPTO.
Contact a trademark attorney if you need assistance with completing a trademark application.
Should I go through a trademark clearance search before submitting a trademark application?
While there’s no state or federal law that requires you to conduct a trademark search prior to submitting a trademark application, you definitely should.
The purpose of a trademark search is to identify any existing trademarks that may be too similar to your desired mark before you spend time and money on a trademark application that will ultimately be rejected.
What are the USPTO’s requirements around hiring a trademark attorney?
If you’re a business owner living in another country, then the USPTO requires that you hire a U.S.-licensed attorney to represent you in all trademark matters.
If you’re a business owner living in the United States or its territories, then you are not required to hire a trademark attorney. However, the USPTO does strongly recommend that even U.S.-based business owners work with a U.S.-licensed trademark attorney to ensure your rights are fully protected.
What are the benefits of hiring a trademark attorney?
A trademark attorney can help you in many ways. For example, an attorney will:
- Search a variety of sources to ensure that your trademark is available for use.
- Help you prepare your trademark application.
- Choose an appropriate specimen to submit as part of your application.
- Respond to office actions.
- Represent you in federal court if necessary.
- Provide ongoing legal advice and guidance.
Can I receive a trademark registration for a generic term?
The USPTO doesn’t allow generic words like “chairs” or “computers” to be trademarked. All companies who produce those goods should be able to use those generic terms. The entire purpose of a trademark is to create something unique and memorable.
What is an acceptable specimen?
A specimen is a sample of how your trademark appears with your products or your services in commerce. You must submit a specimen to the USPTO as part of your trademark application.
Acceptable specimens for products may include product labels, website screenshots, packaging, tags, etc. If you offer services instead of products, then acceptable specimens may include brochures, flyers, and printed or digital advertisements.
Please note that stationary, business cards, and catalogs are not acceptable specimens in the eyes of the USPTO. If you need help selecting an appropriate specimen to represent your logo in commerce, then contact a trademark attorney for guidance.
Do I need to work with a trademark attorney in my state?
No, trademarks are a federal matter so you can work with an attorney in any U.S. state as long as you live in any U.S. state or territory. For example, you could live in California and work with a trademark lawyer in New York if you choose.
Why Trademark Registration Matters for San Luis Obispo Businesses
Halfway between Los Angeles and San Francisco is the California town of San Luis Obispo. This city is widely known for being home to the famous California Polytechnic State University. San Luis Obispo was designed with students in mind, so there’s plenty of public transportation and everything is in walking distance. But it also attracts tourists who want to visit the nearby wineries, eat fresh seafood, stay at quaint bed & breakfasts, and stroll along Pismo Beach.
It’s the perfect location for entrepreneurs to start their new ventures. However, the need to also remember to register their trademarks above all else.
Imagine the following: Dylan and Hannah are both fourth-year engineering students at California Polytechnic State University. They are a few months away from graduation. As part of a class project, they came up with the design of a stand-up desk that was lightweight and foldable. They named their new product UpforWork.
The two friends are now thinking that they can turn this class project into a real product that gets sold in stores. They continue to develop the product, have a vendor produce prototypes, figure out mass production, and start talking to office supply stores about carrying their product.
Hannah asks Dylan if they should trademark the name of their product. Dylan isn’t sure that’s something they need to worry about right now. He decides that they can put it off until they know their product is going to sell.
A few months later, the UpforWork standing desk is in stores in San Luis Obispo, San Diego, and Los Angeles. It’s selling quite well in all locations. Hannah and Dylan start talking about how to grow their business when they get a cease-and-desist letter from a furniture manufacturer in Nevada. The Nevada company is asking Hannah and Dylan to stop selling their product because they are infringing on the Nevada company’s trademark rights. It turns out they registered their trademark with the USPTO a few years ago and it’s quite similar to UpforWork.
Hannah and Dylan are devastated, but they have no other option than to stop manufacturing and selling their product. If the two friends had spoken to a trademark attorney earlier in the process, then this all could have been avoided.
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 San Luis Obispo and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.