Vermillion, South Dakota Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a law firm focused on providing startups and entrepreneurs in Vermillion, South Dakota with everything from transactional trademark services to advice about intellectual property protection. Whether you’re just starting out, or you’ve been in business for years, our trademark attorneys are ready to help you create and protect your brand.
Top 7 Questions Vermillion Businesses Have About Obtaining a Trademark
Can more than one person own a trademark?
More than one person may own a trademark. A trademark can be owned by an individual, two or more individuals, or corporate business entities. If more than one person owns a trademark, it’s much more likely that those people will register their desired trademark under an official business entity like an LLC or C-Corp.
What is the role of the United States Patent and Trademark Office?
The United States Patent and Trademark Office (USPTO) is the federal office that reviews and approves or denies all trademark applications. The USPTO also maintains records of all existing trademarks as well as trademarks that are pending approval.
What is the role of an examining attorney?
An examining attorney, also known as an examiner, is responsible for receiving and reviewing trademark applications. An examining attorney will determine if there are issues with your trademark or application that would prevent it from being registered. For example, it may be that your desired mark is too similar to a mark that’s already registered. Or, it may be that you listed your business as a C-Corp on your application when you’re actually an LLC.
What is a commonly used phrase refusal?
Your trademark can be refused if an examining attorney’s desired trademark is a commonly refused phrase. An example of a commonly used phrase is “drive safely.” The USPTO would not allow an entity to trademark that phrase because it doesn’t indicate who the source of the product is. It simply conveys a very widely known sentiment.
Why should I register my trademark with the USPTO?
There’s no law that says you must register your trademark with the USPTO, but there are many benefits to doing so. For example:
- Your trademark will get listed in the USPTO’s database of trademarks.
- You’ll have the right to sue in federal court if someone infringes on your mark.
- Your trademark registration serves as sufficient proof that you own the trademark.
- You can use the ® symbol with your trademark.
- A U.S.-registered trademark makes it easier to gain trademark protection in foreign countries.
What is an office action?
After you submit your trademark application to the USPTO, an examining attorney will review it. Then, you may receive an office action. An office action is simply a letter that lists any issues with your application or the desired trademark itself. Your application won’t move to the next stages of the process until the issues listed in the office action are resolved.
If you receive an office action, do not ignore it. Contact a trademark attorney who can help you prepare a response to the USPTO right away.
What is the Trademark Official Gazette?
The Trademark Official Gazette is the USPTO’s online newsletter. Once the examining attorney approves your trademark application, then it will appear in the Trademark Official Gazette for a 30-day “opposition” period. During those 30 days, any member of the public who believes that approval of your mark will infringe on their trademark or harm their business may come forward and file a Notice of Opposition.
Is my U.S.-registered trademark also protected outside of the United States?
Your registered trademark is only valid within the 50 United States; Washington, D.C.; and U.S. territories, such as Guam and Puerto Rico. Speak to a trademark attorney about how to register your trademarks in other countries.
Why Trademark Registration Matters for Vermillion Businesses
Vermillion, South Dakota is a friendly city with equal parts rustic charm and metropolitan appeal. Visitors and residents alike enjoy hiking or biking the Vermillion River Trail, touring the University of South Dakota, visiting wineries, or spending the day at one of the city’s several museums.
New business owners in the area love the neighborly atmosphere and the loyal patrons who enjoy supporting the small, local businesses of Vermillion. Entrepreneurs and startups who want to set up shop in Vermillion must remember to register their trademarks if they truly want to be successful.
Imagine the following: Sandra graduated from the University of South Dakota a few years ago. She’s worked in the hospitality industry for a few years and is ready to start her own hotel in the downtown Vermillion area. She sees an opportunity for an independent hotel that can serve as an alternative to many of the big chain hotels that already exist.
Sandra spends some time working with a realtor and finds the perfect piece of property for her hotel. She decides to call it the University Hotel in honor of her alma mater. She then gets straight to work renovating the space, interviewing potential new hires, creating a marketing plan, ordering signage, creating a website, and taking care of a million other things.
Her friend asks Sandra if she’s trademarked the name of her hotel yet. Sandra knows that this is an important part of the process, but she’s so busy. She figures that she’ll get to it eventually.
A year later, Sandra is running a successful independent hotel. Unfortunately, she’s about to get some upsetting news in the form of a cease-and-desist letter. It turns out that there’s another chain of hotels in Florida and Georgia with a name that’s very similar to her hotel. They trademarked the name of their hotel more than a decade ago. They have every right to ask Sandra to shut down her business and not reopen her doors until she has a new name.
Sandra knows that renaming her business will cost a lot money and take a lot of time. She’s not sure that she’ll be able to open back up once she closes down.
If Sandra had contacted a trademark attorney from the start of her business venture, she would not be in this predicament. The attorney would have conducted a thorough clearance search and helped guide her toward choosing a name for her hotel that was unique and protectable.
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 Vermillion and yet it can assist businesses from South Dakota in registering a federal Trademark because trademarks are governed under federal law.