Syracuse, New York Businesses Use Cohn Legal for Trademark Services
Based in New York City, Cohn Legal, PLLC is a boutique law firm that focuses on intellectual property protection and trademark law for startups and entrepreneurs. Our goal is to provide our clients in Syracuse, New York with exceptional legal guidance and support at cost-effective rates. We’re here for transactional services, contract negotiations, trademark litigation, and everything in-between.
Top 10 Questions Syracuse Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a source identifier. It’s a word, logo, slogan, etc. that lets consumers know who is producing or selling the product or service in a certain category. For example, Levis is a trademark. If you see the Levis name or logo on a pair of jeans, then you know who manufactured the jeans.
Can I appeal an examining attorney’s rejection of my trademark application?
If you don’t agree with an examining attorney’s decision, then you can make an appeal to the Trademark Trial and Appeal Board (TTAB). They are the board within the USPTO that will hear your argument and make a final decision on the matter.
The TTAB proceedings can be complex, so it’s recommended that you hire a trademark attorney to assist you during that process.
Can multiple people own a trademark?
Trademarks can be owned by a single individual, multiple individuals, or by corporate entities. While it’s common for single individuals to own trademarks, it’s more common for multiple owners of a trademark to register the trademark under the ownership of an official business entity such as an LLC.
Can the design of my new coffee maker be trademarked?
Trademarks don’t extend to products like a coffee maker. For that, you would seek patent protection within the USPTO. However, the name of your new coffee maker should be trademarked.
Am I required to hire a trademark attorney in my area?
There’s no reason you need to hire a trademark attorney near you or even within your state. Trademark registration is a federal matter so you can hire a trademark attorney anywhere within the United States to assist you. You can live in California and hire an attorney in New York if you want.
How can I check on the status of my trademark application?
After your trademark application is submitted to the USPTO, you’ll be provided with a serial number. In order to check on the status of your trademark application, you must visit the Trademark Status and Document Retrieval System (TSDR) and enter your serial number when prompted. Or, you may contact the Trademark Assistance Center at 800-786-9199, provide your serial number and ask about the status of your application.
Do I need to register more than one trademark for my business?
Most businesses will likely need to register more than one trademark. For example, you’ll want to trademark the name of your business, the name of any products you sell, and your logo. If you’re not sure where to start, then contact a trademark attorney who can help you create a trademark registration strategy.
What does “used in interstate commerce” mean?
In order to obtain a registered trademark, the trademark must be attached to a product or a service that’s been sold across state lines in significant amounts. In other words, the product or service must be involved in “interstate commerce.”
The USPTO doesn’t define exactly how much you must sell, but, you can assume that selling one sweater to a customer in another state won’t meet the interstate commerce threshold. However, selling 500 sweaters to customers in 6 states would most likely satisfy the interstate commerce requirement.
What is an office action?
After an examining attorney at the USPTO reviews your trademark application, you may receive an office action. This letter lists items that must be resolved before your application can move forward in the approval process.
If you receive an office action, don’t ignore it. The USPTO will expect a response. You may hire a trademark attorney to draft a response for you.
What is the Trademark Official Gazette?
The Trademark Official Gazette is the official newsletter of the USPTO. Once your trademark application is approved, the examining attorney will then have your mark published in the Trademark Official Gazette. The publication of your mark starts a 30-day “opposition” period. During that period, anyone who believes that the approval of your trademark will harm them or their business may come forward and object to the publication of your trademark. If 30 days pass and there are no objections, then your trademark moves to the final stages of the approval process.
Why Trademark Registration Matters for Syracuse Businesses
Syracuse, New York is a true college town. Eleven colleges and universities call Syracuse home, including Syracuse University, Le Moyne College, and SUNY Upstate Medical University. Students and tourists alike love the outdoor activities that are available all year long in Syracuse. But, they also enjoy the vibrant Downtown scene with restaurants, art galleries, nightclubs, and performance venues
It’s no wonder that many young entrepreneurs looking to pursue their dreams of business ownership in Syracuse. However, they should not overlook the important step of trademark registration.
Imagine the following: Vicki is a Syracuse University alumnus who majored in nutrition and health sciences. After 4 years of working for others, she has decided to follow her dreams of starting her own nutrition counseling business.
She wants to call her business The Nutrition Mission. But before she does anything, she contacts a trademark attorney who completes a trademark clearance search. The good news is that the name is available. Vicki submits a trademark application to the USPTO.
Vicki then moves forward with creating her business plan, leasing office space, developing marketing materials, creating a website, ordering office equipment, and more. A few months later she learns that her trademark is approved. Vicki is thrilled and is ready to start seeing clients.
About a year later, Vicki has a thriving practice. Word of mouth about her expert advice and guidance is spreading. She’s helping clients in Syracuse but also assisting clients around the country in virtual sessions. One day, she gets a call from her attorney who told her that another business in Georgia had a similar name to her business that might cause some confusion in the market.
Since Vicki owns the trademark to the name Nutrition Mission, she’s well within her rights to have her lawyer send a cease-and-desist letter to the Georgia company.
This is the perfect example of why it’s so important for new businesses to establish and protect their trademark rights.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
**Cohn Legal, PLLC is managed by Partner Abe Cohn, A trademark attorney licensed to practice law in the State of New York.