Cincinnati, Ohio Businesses Use Cohn Legal for Trademark Services
Cohn Legal started as a branch of an international Intellectual Property firm that provided legal counsel to some of the biggest players in the technology industry. Now its own startup, Cohn Legal is providing outstanding service to clients in Cincinnati, Ohio, across the United States, and indeed, around the globe.
Top Questions Cincinnati, Ohio Businesses Have About Obtaining a Trademark
If I only provide my services in Cincinnati, Ohio, 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 Cincinnati, Ohio, 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 distinctive symbol, word, phrase, design, or combination thereof that is used by individuals, businesses, or organizations to identify and distinguish their goods or services from those of others. It serves as a valuable form of intellectual property protection, allowing consumers to recognize and associate specific qualities, characteristics, or sources with a particular brand or product.
The primary purpose of a trademark is to create brand recognition and build consumer trust. When customers see a trademark, they can expect consistent quality and attributes associated with the products or services bearing that mark. Trademarks play a crucial role in establishing brand identity, reputation, and market presence.
Trademarks can take various forms:
Word Marks: These consist of distinctive words, letters, or numbers. Examples include brand names like “Apple” or product names like “Coca-Cola.”
Design Marks: These encompass unique logos, symbols, or images that visually represent a brand, such as the Nike “swoosh” or the McDonald’s golden arches.
Slogan Marks: These involve catchy phrases or taglines associated with a particular brand, such as “Just Do It” for Nike or “I’m Lovin’ It” for McDonald’s.
Combination Marks: These combine both word and design elements, such as the Starbucks logo that incorporates the brand name and a distinctive mermaid image.
Trademarks provide exclusive rights to the owner, preventing others from using similar marks in a way that may cause confusion among consumers. By registering a trademark with the appropriate intellectual property office, such as the United States Patent and Trademark Office (USPTO) or the World Intellectual Property Organization (WIPO), the owner gains additional legal protection and enforcement mechanisms.
In conclusion, a trademark is a powerful tool that helps businesses and individuals establish brand identity, protect their products or services, and build consumer loyalty. It allows for differentiation in the marketplace and contributes to the overall success and recognition of a brand.
Should I register a trademark in my state or with the USPTO?
If you are considering trademark registration, it is generally recommended to register your trademark with the United States Patent and Trademark Office (USPTO) rather than solely in your state. Here are some key factors to consider:
Nationwide Protection: Registering your trademark with the USPTO provides you with broader protection across the entire United States. This means that you can prevent others from using a similar mark or causing confusion in any state, regardless of where your business is located.
Exclusive Rights: USPTO registration grants you exclusive rights to use the registered trademark in connection with the goods or services specified in your registration. This helps establish your ownership and provides a stronger legal basis for enforcing your rights against potential infringers.
Presumption of Validity: Registering your trademark with the USPTO creates a legal presumption of the validity of your trademark and your exclusive right to use it. This can make it easier to enforce your rights in court and can act as a deterrent against potential infringers.
Federal Protection: By registering your trademark with the USPTO, you can leverage federal laws, such as the Lanham Act, to protect your rights. This provides access to federal courts and remedies, including the ability to seek damages and injunctive relief.
Online Presence and E-Commerce: If you plan to conduct business online or engage in e-commerce, registering with the USPTO can be particularly beneficial. It helps establish a strong online presence and provides additional protection against online trademark infringement.
Future Expansion: Registering with the USPTO allows you to future-proof your trademark rights. If you plan to expand your business beyond your state borders, securing federal registration early on can save you potential complications and costs in the future.
While state-level trademark registration may offer some limited protection within your state, it does not provide the same level of nationwide protection and legal benefits as federal registration. However, it is important to note that state registration may still be relevant in certain cases, such as for businesses that operate exclusively within one state or for certain types of marks that do not qualify for federal registration.
How do I register a federal trademark?
In order to register a trademark, you need to first submit a trademark application to the United States Patent and Trademark Office, or USPTO.
Once received by the USPTO, an examining attorney will thoroughly evaluate the application and search the USPTO database to verify that your mark is not too similar to other trademarks that already exist.
If no similar trademarks are found and the examiner approves your application, the trademark will be published in the USPTO’s Official Gazette which comes out every Tuesday. During the 30 days after your mark appears in the Official Gazette, anyone can come forward and “oppose” the application. If no oppositions are submitted, then your trademark will go to final registration.
Should I hire a Trademark Attorney to help me register my trademark?
Absolutely! Hiring one of our trademark attorneys to assist you in registering your trademark is highly recommended. Here are some compelling reasons why you should consider working with a trademark attorney:
Expertise and Knowledge: Trademark attorneys specialize in trademark law and possess extensive knowledge of the registration process. They are well-versed in the legal requirements, documentation, and procedures necessary for a successful trademark application. Their expertise can help you navigate the intricacies of trademark law and maximize your chances of a smooth and successful registration.
Trademark Search and Analysis: Conducting a comprehensive trademark search is crucial to ensure that your desired trademark is available for registration. A trademark attorney can perform a thorough search to identify any existing trademarks that may conflict with yours. They can analyze the search results and provide you with an informed opinion on the availability and registrability of your trademark, helping you avoid potential legal conflicts in the future.
Application Preparation and Filing: A trademark attorney can assist you in preparing and filing your trademark application accurately and efficiently. They will ensure that all required information and supporting documents are included, minimizing the risk of application rejection or delays. By drafting a well-crafted application, your attorney can present your trademark in the best possible light, increasing the likelihood of a successful registration.
Legal Guidance and Protection: Trademark attorneys offer valuable legal advice throughout the registration process. They can guide you on matters such as trademark selection, classification, and maintaining the distinctiveness of your mark. Additionally, they can help protect your trademark rights by monitoring for potential infringements and taking appropriate enforcement actions if necessary.
Handling Office Actions and Appeals: If your trademark application encounters objections or office actions from the examining attorney, a trademark attorney can assist you in responding effectively. They have the experience to craft persuasive arguments and address any concerns raised. In the event of an appeal, your attorney can represent your interests and navigate the appeals process.
Avoiding Costly Mistakes: Trademark law can be complex, and mistakes in the registration process can have significant consequences. By working with a trademark attorney, you can minimize the risk of errors, omissions, or oversights that may jeopardize your trademark rights or lead to legal disputes down the line. Investing in professional guidance can save you time, money, and potential headaches in the long run.
While it is not mandatory to hire a trademark attorney, their expertise and assistance can significantly increase the likelihood of a successful trademark registration. They provide valuable guidance, protect your rights, and handle the legal complexities on your behalf. Consulting with a qualified trademark attorney will ensure that you navigate the registration process smoothly and secure the protection you need for your valuable brand.
Why should I conduct a trademark search before filing my application to the USPTO?
Any trademark attorney will tell you that it’s a smart idea to conduct a trademark search before filing your application with the USPTO. In fact, a trademark attorney can help you conduct the search to ensure that there are no existing or pending trademarks that are similar to your desired trademark.
If a search reveals that someone already registered the name you wanted, it can be frustrating. However, it’s better to have this information sooner rather than later. Imagine a scenario where you didn’t conduct a thorough search of your trademark and you invested thousands into marketing materials, signage, digital advertising, a website, and more. Then, one day you receive a cease-and-desist letter from someone who owns a similar mark. That’s a lot of money and time wasted that could have been avoided.
Can I register my trademark before my business is up and running?
Yes, you can register your trademark before your business is up and running. In fact, it is often recommended to register your trademark as early as possible to secure your rights and protect your brand identity.
Registering your trademark before launching your business offers several advantages:
Priority of Rights: Trademark registration operates on a first-to-file basis in many jurisdictions. By registering your trademark early, you establish a priority of rights, which means that you have legal protection against others attempting to register or use a similar mark after your filing date.
Brand Consistency: Registering your trademark before your business is operational allows you to ensure consistency in your brand identity. It ensures that your chosen trademark is available and can be protected, giving you peace of mind as you develop your marketing materials and build brand recognition.
Legal Protection: Registering your trademark provides legal protection, even if your business has not started operating. It prevents others from using a similar mark that could cause confusion among consumers or dilute the distinctiveness of your brand.
Preventing Future Issues: Registering your trademark early can help you avoid potential conflicts and disputes down the line. It reduces the risk of inadvertently infringing on existing trademarks and saves you from rebranding efforts and associated costs in the future.
It’s important to note that while you can register your trademark before your business is fully operational, trademark rights generally require actual use in commerce to maintain full protection. Depending on the jurisdiction, you may need to demonstrate use of the trademark within a certain period after registration. However, registering your trademark before launch gives you a head start and safeguards your brand identity as you establish your business.
To ensure a smooth trademark registration process and maximize the protection of your brand, it is advisable to consult with a trademark attorney. They can guide you through the application process, perform comprehensive searches, and provide expert advice to help you register your trademark effectively.
Can I trademark a phrase?
Yes, it is possible to trademark a phrase under certain conditions. To qualify for trademark protection, a phrase must meet specific requirements. First and foremost, the phrase should be distinctive and not merely descriptive or generic. It should have a unique character that sets it apart from common phrases used in everyday language or within the relevant industry.
To determine if a phrase is eligible for trademark protection, a comprehensive search should be conducted to ensure that no similar or identical phrases are already registered or in use for similar goods or services. This search helps identify potential conflicts and allows you to assess the availability and registrability of your desired phrase.
Can I trademark a logo?
Yes, you can trademark a logo to protect its unique design and distinguish your brand from others. A logo serves as a visual representation of your business or product and can be an effective way to establish brand recognition and identity.
To be eligible for trademark protection, a logo should be distinctive and capable of identifying the source of goods or services. It should possess originality, creativity, and uniqueness that sets it apart from other logos in the marketplace. Similar to trademarking a phrase, conducting a thorough search to ensure the availability of your desired logo is essential to avoid potential conflicts.
Can I trademark a color?
Trademarking a color is possible but can be more challenging compared to phrases or logos. Traditionally, colors are considered to be non-distinctive and are often used in various industries without indicating a particular source or brand. However, in certain cases, a color can acquire distinctiveness and serve as a strong identifier of a specific brand or product.
To successfully trademark a color, it is necessary to demonstrate that the color has acquired secondary meaning and is associated with a particular brand in the minds of consumers. This requires substantial evidence showing that the color has been extensively used and promoted in connection with the goods or services offered.
Furthermore, it is important to establish that the color is not functional or essential to the nature of the product or service. Colors that are functional or commonly used in an industry may face challenges during the trademark application process.
What is a trademark office action?
A trademark office action is an official communication issued by a trademark examiner or an intellectual property office in response to a filed trademark application. It serves as a notification to the applicant that certain issues or requirements need to be addressed before the application can proceed further. Here are some key points about trademark office actions:
Purpose: The primary purpose of a trademark office action is to inform the applicant about concerns or deficiencies identified during the examination of the trademark application. It allows the examiner to request additional information, seek clarification, or point out potential conflicts with existing trademarks.
Types of Office Actions: Office actions can vary in nature and content, depending on the specific jurisdiction and the circumstances of the application. They may include:
a. Substantive Office Actions: These raise substantive issues regarding the registrability of the mark. It may involve objections related to the distinctiveness, genericness, or descriptiveness of the mark, or the likelihood of confusion with existing trademarks.
b. Procedural Office Actions: These highlight procedural deficiencies or errors in the application, such as incomplete information, incorrect classification of goods or services, or failure to comply with formal requirements.
c. Priority or Ownership Office Actions: These relate to claims of priority or challenges to the ownership of the mark, requiring the applicant to provide additional evidence or explanations.
Response and Deadlines: Upon receiving an office action, the applicant is typically given a specific deadline to respond. It is crucial to carefully review the office action and understand the objections or requirements outlined. The applicant must provide a timely and appropriate response addressing the concerns raised or providing the requested information.
Consulting with an Attorney: Office actions can be complex and require legal knowledge and expertise to navigate effectively. It is advisable to consult with a trademark attorney who can review the office action, assess its implications, and provide guidance on the best course of action. They can help craft a strong response, address the concerns raised, and increase the chances of a successful outcome.
Responding to a trademark office action in a comprehensive and timely manner is crucial for the progress of the trademark application. It is important to carefully analyze the issues raised, gather the necessary evidence or arguments, and present a well-structured and persuasive response to overcome the objections or requirements outlined in the office action.
How likely is it to receive a trademark application rejection?
The likelihood of receiving a trademark application rejection depends on several factors, including the specific circumstances of the application, the strength of the mark, and compliance with trademark laws and regulations. While it is not possible to provide an exact percentage or guarantee of approval, understanding the common reasons for trademark application rejections can help manage expectations. Here are some factors that may increase the likelihood of a rejection:
Similarity to Existing Marks: If your trademark is deemed too similar to an existing registered or pending trademark in the same industry or related field, the trademark office may reject your application. Trademark examiners assess the likelihood of confusion between marks, considering factors like the similarity of the marks themselves and the related goods or services.
Generic or Descriptive Terms: Trademarks that consist of generic terms, descriptive phrases, or common terms used in the industry may face rejection. The purpose of a trademark is to distinguish goods or services, so marks that lack distinctiveness or are purely descriptive of the product or service may be refused.
Lack of Distinctiveness: Trademarks that lack distinctiveness or are too generic, merely describing the product or service without any unique elements, may be rejected. Distinctiveness is an important criterion for trademark registration, and marks that are considered merely descriptive, generic, or common to the trade may face challenges.
Misleading or Deceptive Marks: Trademarks that are likely to mislead consumers about the nature, quality, or origin of the goods or services may be rejected. Marks that contain false or misleading statements, geographic indications, or deceptive terms may not be eligible for registration.
Procedural Errors: Errors or omissions in the trademark application, such as incomplete information, failure to respond to office actions, or missing filing requirements, can lead to rejection. It is essential to ensure that the application is filed correctly, including providing accurate and complete information, paying the required fees, and meeting all procedural requirements.
It is important to consult with a trademark attorney who can assess the specific details of your trademark application, conduct a comprehensive search, and provide guidance throughout the registration process. They can help maximize the chances of a successful registration by addressing potential issues, conducting a thorough trademark search, and ensuring compliance with the relevant laws and regulations.
How can I improve my chances of trademark application approval?
To improve your chances of trademark application approval, it’s important to follow certain strategies and considerations throughout the trademark registration process. Here are some key steps you can take to enhance your likelihood of success:
Conduct a Comprehensive Trademark Search: Before submitting your trademark application, conduct a thorough search to identify any existing trademarks that might conflict with yours. This includes searching databases, online platforms, and marketplace listings. By identifying potential conflicts early on, you can avoid wasting time and resources on a trademark that may face rejection.
Choose a Strong and Distinctive Mark: Select a trademark that is unique, distinctive, and not generic or descriptive. Strong trademarks are more likely to be approved because they are capable of distinguishing your goods or services from others in the marketplace. Avoid using common terms or generic phrases that lack distinctiveness.
Engage a Trademark Attorney: Consider working with a qualified trademark attorney who specializes in intellectual property law. They have the expertise to guide you through the application process, conduct a comprehensive search, provide legal advice, and assist in responding to office actions. Their knowledge and experience can significantly improve your chances of approval.
Ensure Accurate and Complete Application: Pay close attention to the details when filling out your trademark application. Provide accurate and complete information, including a clear and concise description of your goods or services. Make sure the application is free from errors, omissions, or inconsistencies. Any mistakes can lead to delays or potential rejection.
Respond Promptly to Office Actions: If you receive an office action from the trademark office, address it promptly within the given timeframe. Thoroughly understand the issues raised and respond with a well-crafted and persuasive argument or evidence. Working with a trademark attorney can be beneficial in formulating an appropriate response that addresses the concerns raised.
Maintain Good Communication: Keep open lines of communication with the trademark office and promptly respond to any inquiries or requests for information. Prompt and professional communication demonstrates your commitment and cooperation throughout the registration process.
Monitor and Protect Your Trademark: Once your trademark is registered, actively monitor its use to identify any potential infringements. Enforcing your trademark rights can help maintain its validity and exclusivity in the marketplace.
Remember, the trademark registration process can be complex, and outcomes may vary based on the specific circumstances. Seeking guidance from a qualified trademark attorney is highly recommended to ensure you are taking the necessary steps to improve your chances of trademark application approval.
How can I improve my chances after a trademark application rejection?
Receiving a trademark application rejection can be disappointing, but it doesn’t necessarily mean the end of the road. There are steps you can take to improve your chances after a rejection. Here’s what you can do:
Understand the Rejection Reason: Carefully review the rejection notice provided by the trademark office. Understand the specific reasons for the rejection, whether it’s due to similarity with existing trademarks, lack of distinctiveness, procedural errors, or any other grounds. Understanding the rejection reason is crucial for formulating a proper response.
Consult with a Trademark Attorney: Seek guidance from a trademark attorney who can assess the rejection and provide expert advice on the best course of action. They can review your application, analyze the rejection reasons, and help you determine the strength of your case. An attorney will guide you through the response process and increase your chances of overcoming the rejection.
Evaluate the Merits of the Rejection: Assess the validity of the rejection. Determine if there are grounds for challenging or appealing the decision. An experienced trademark attorney can help you evaluate the merits and guide you on the appropriate steps to take.
Gather Additional Evidence: If the rejection is based on issues like similarity with existing marks, you can gather additional evidence to strengthen your case. This can include evidence of coexistence, evidence of acquired distinctiveness, or arguments showing the differences between your mark and the cited marks. Presenting compelling evidence can help overcome the rejection.
Amend the Application: In some cases, it may be possible to amend your application to address the concerns raised in the rejection. This can involve amending the goods or services description, modifying the mark itself, or making other necessary changes. Consult with your trademark attorney to determine the appropriate amendments to make.
Respond Promptly and Professionally: Adhere to the timeline provided by the trademark office for responding to the rejection. Craft a well-structured and persuasive response, addressing each concern raised in a clear and concise manner. Follow any specific guidelines provided by the trademark office for the response.
Consider Negotiation or Coexistence Agreements: In certain situations, it may be possible to negotiate with the owners of cited trademarks or enter into coexistence agreements. This can help resolve conflicts and increase the chances of approval. Your trademark attorney can assist in negotiating and drafting such agreements.
How likely is it to succeed in overturning a second trademark rejection?
The likelihood of succeeding in overturning a second trademark rejection depends on various factors specific to your case. While it is challenging to provide an exact probability, there are certain considerations that can affect your chances of success:
Strength of Your Arguments: The strength and persuasiveness of your arguments play a crucial role in overturning a trademark rejection. You need to address the grounds for rejection clearly and provide compelling evidence, legal analysis, or case law to support your position. Crafting well-reasoned arguments can increase your chances of success.
Validity of the Rejection: Assess the validity of the rejection itself. Determine if the trademark office’s reasoning is sound and whether there are grounds for challenging it. If you believe that the rejection is incorrect or legally unfounded, you can work with a trademark attorney to identify potential flaws in the examination process and formulate a strong response.
Additional Evidence or Arguments: If new evidence or arguments have emerged since the first rejection, presenting them in your response can strengthen your case. This can include demonstrating acquired distinctiveness, providing evidence of coexistence with other marks, or highlighting factors that differentiate your mark from cited marks. The availability of compelling new evidence can improve your chances of success.
Expert Guidance: Seek the advice and guidance of a trademark attorney who specializes in intellectual property law. They can analyze the reasons for the second rejection, assess the strength of your case, and provide valuable insights on the best strategies to pursue. Their expertise can significantly enhance your chances of success.
Persistence and Timely Response: Be diligent in responding to the second rejection within the specified timeframe. Timely and well-crafted responses demonstrate your commitment to addressing the concerns raised by the trademark office. By diligently following the response process and presenting your arguments persuasively, you can increase your likelihood of success.
It’s important to note that each case is unique, and outcomes can vary. The specific circumstances of your application, the strength of your arguments, and the examiner’s interpretation of the law will all impact the final decision. Working closely with one of our qualified trademark attorneys will provide you with the best chance of success, as they can assess your situation, guide you through the response process, and help navigate the complexities of trademark law.
Can I sell my products if I don’t have a registered trademark?
You can absolutely start selling a product or service before obtaining a registered trademark. In fact, you can indicate on your USPTO application that your mark is “in commerce” which means you’re already using it. However, keep in mind that doing business without registering your trademark puts you and your business at risk. A third party can start using your trademark, or worse try registering it with the USPTO so they actually become the rightful owners.
If you’re serious about your business, then talk to a trademark attorney about a strategy to ensure that your trademark is properly protected.
How long does the trademark application process take?
The duration of the trademark application process can vary depending on several factors. While it’s challenging to provide an exact timeframe, the process generally takes around 9 to 12 months or longer in some cases.
After you submit your trademark application, it goes through several stages, including examination, publication, and registration. The examination stage involves a review by a trademark examiner to assess the eligibility and distinctiveness of your mark. This stage typically takes a few months, but it can be longer if there are objections or complications.
If your application passes the examination, it moves to the publication stage, where it is published in an official gazette or journal to give others the opportunity to oppose your trademark registration. This publication period typically lasts for 30 days, but it can be extended if oppositions are filed.
Assuming there are no oppositions or they are successfully resolved, your application proceeds to the registration stage. At this point, you will receive a registration certificate if you filed on a “use in commerce” basis and can provide evidence of actual use of the mark. If you filed on an “intent to use” basis, you will receive a Notice of Allowance and will need to submit proof of use within a specified period.
It’s important to note that the timeline can vary depending on the workload of the trademark office, the complexity of your application, and any potential issues that may arise during the process. Additionally, delays can occur due to backlog or other administrative factors.
How long does a trademark last?
The duration of a trademark can vary depending on the jurisdiction and the type of trademark registration. In general, trademarks can last indefinitely as long as certain requirements are met.
In the United States, a trademark can last indefinitely if it is continuously used in commerce and remains in force. However, there are specific maintenance requirements to keep the trademark registration active. For federally registered trademarks in the US, the initial registration is valid for ten years. After the initial ten-year period, the trademark owner must file maintenance documents, known as “Declaration of Use” or “Declaration of Continued Use,” at regular intervals, typically every ten years, to maintain the registration.
In some other countries, trademark registrations have varying durations. It is common for registrations to be valid for ten years, renewable for additional periods of the same duration, as long as the trademark continues to be used and the renewal fees are paid.
It’s important to note that trademark protection requires continuous use of the mark in commerce for the goods or services it represents. Abandonment or non-use of the trademark can result in its cancellation or removal from the register.
What’s the difference between a live trademark and a dead trademark?
The terms “live trademark” and “dead trademark” are used to classify the status of a trademark within the United States Patent and Trademark Office (USPTO) database. Here’s a breakdown of the difference between the two:
Live Trademark: A live trademark refers to a trademark that is currently active and in use. It indicates that the trademark has been registered with the USPTO and is being used in commerce to identify and distinguish specific goods or services. Live trademarks enjoy legal protection and the exclusive rights granted to the trademark owner.
Dead Trademark: A dead trademark, on the other hand, refers to a trademark that is no longer active or enforceable. This status can arise due to various reasons, including abandonment, non-renewal, cancellation, or failure to meet certain statutory requirements. A dead trademark no longer holds legal protection and cannot be used as a basis for enforcing trademark rights.
The USPTO assigns specific codes or statuses to trademarks, indicating their current status. These codes help categorize trademarks as live or dead. Some common status codes include:
- “LIVE”: This code signifies that the trademark is active and in use.
- “ABANDONED”: This code indicates that the trademark application was abandoned by the applicant or rejected by the USPTO due to failure to respond to office actions or meet other requirements.
- “CANCELLED”: This code is assigned when the USPTO cancels the registration of a trademark due to non-renewal, expiration, or other legal reasons.
- “EXPIRED”: This code indicates that the trademark registration has reached the end of its validity period and was not renewed.
- “WITHDRAWN”: This code is assigned when the applicant voluntarily withdraws the trademark application before it is registered.
It’s important to note that even if a trademark is classified as “dead,” it does not necessarily mean that the trademark cannot be used again. In some cases, a dead trademark may be revived or refiled, depending on the circumstances and the applicable laws.
When conducting a trademark search or assessing the availability of a particular mark, it is crucial to consider the live or dead status of the trademark to determine its current legal standing and potential risks associated with using or registering a similar mark.
What is a “specimen” and when do I need one?
The USPTO wants to know how you plan on using your trademark in commerce so they ask for a specimen. A specimen is simply a sample such as a product label, product packaging, or a screenshot of your website. If you’re selling a service as opposed to a product, then the USPTO will accept flyers, brochures, advertisements, etc. that display the trademark. If you’re unsure of what an appropriate specimen might be, then contact a trademark attorney.
What is an Intent to Use application?
If you’re not quite ready to bring your goods or services to market, you can still file a trademark registration application with the USPTO. You’ll need to file what is known as an Intent-To-Use (ITU) trademark application, which requires that you have a “bona fide intention” to “use a trademark in commerce.”
Once the USPTO accepts your ITU application, you’ll receive a Notice of Allowance. You’ll have up to 6 months to submit your Statement of Use, which proves you’re using the trademark. You may also choose to file an extension, which will give you an additional 6 months if you’re not yet ready to file a Statement of Use.
Can I request an expedited approval on my trademark registration?
Yes, it is possible to request expedited processing for your trademark registration under certain circumstances. The United States Patent and Trademark Office (USPTO) offers an option called “TEAS Plus” that allows applicants to request expedited examination. Here are the details:
TEAS Plus: TEAS Plus is an online filing option provided by the USPTO that offers benefits such as lower filing fees and the opportunity to request expedited examination. To qualify for expedited processing, you must meet specific requirements outlined by the USPTO.
Requirements for Expedited Examination: To request expedited approval, you need to meet the following conditions:
a. Agree to use the TEAS Plus form for filing your trademark application electronically.
b. Provide a complete and accurate description of the goods and services associated with your trademark.
c. Agree to timely respond to any USPTO correspondence regarding your application via email.
d. Conduct your own search for potential conflicting trademarks before filing, ensuring that your mark is not likely to be confused with an existing registered mark.
e. Certify that you are not aware of any other party using a similar mark in connection with similar goods or services.
Benefits of Expedited Examination: The main advantage of requesting expedited processing is a faster review and response from the USPTO. While the standard examination process can take several months or even years, expedited processing can significantly reduce the overall processing time.
Additional Considerations: It’s important to note that expedited examination does not guarantee immediate approval of your trademark. The USPTO will still conduct a thorough examination to ensure compliance with all legal requirements. However, your application will receive priority attention, and you can expect a quicker review and decision compared to regular processing.
To request expedited examination, it is recommended to consult with a trademark attorney who can guide you through the process, help you determine if you meet the eligibility criteria, and assist in submitting the necessary documentation accurately and promptly.
What is a Trademark Power of Attorney and when do I need one?
A trademark power of attorney is a legal document that authorizes a designated individual or attorney to act on behalf of the trademark owner during the trademark registration process or other related trademark matters. It grants the appointed person the authority to represent the trademark owner before the relevant trademark office, such as the United States Patent and Trademark Office (USPTO) or other jurisdiction-specific intellectual property offices.
Here’s a breakdown of the key aspects of a trademark power of attorney:
Authorized Representation: By signing a trademark power of attorney, the trademark owner grants the appointed person the authority to act on their behalf in trademark-related matters. This can include filing a trademark application, responding to office actions, communicating with the trademark office, and handling any necessary legal proceedings.
Qualified Representative: The person authorized to act on behalf of the trademark owner is typically an attorney or a qualified trademark professional who specializes in trademark law. Their expertise ensures that the trademark application or any other trademark-related actions are handled correctly and in compliance with the applicable laws and regulations.
Scope of Authority: The trademark power of attorney specifies the extent of the appointed person’s authority. It may be limited to a specific trademark application or broader to cover multiple applications or ongoing trademark matters. The document can also outline the specific actions the representative is authorized to take, such as filing, prosecuting, or maintaining the trademark registration.
Protection of Interests: Having a trademark power of attorney in place helps protect the interests of the trademark owner. It ensures that a knowledgeable professional is representing their rights and handling the intricacies of the trademark registration process. This can help prevent potential mistakes, address legal complexities, and increase the likelihood of a successful registration.
The need for a trademark power of attorney may vary depending on the jurisdiction and the specific requirements of the trademark office. In some cases, the trademark office may require a power of attorney to be submitted along with the trademark application, while in others, it may be optional.
Why Trademark Registration Matters for Cincinnati Businesses
Cincinnati, known for its 19th-century architecture is a sight to behold. If you’re looking to start a new business in Cincinnati, then your list of “to-dos” can seem endless. You’re looking for commercial space, purchasing equipment, interviewing potential employees, creating a website, setting up a social media presence, and the list goes on. Everything feels like it should be done right now.
One thing many new Cincinnati business owners put at the bottom of their list of priorities is registering their trademark with the USPTO. However, any serious business owner will tell you, it’s essential that you register your trademark ASAP. It’s the only way to protect your trademark from the competition.
Imagine the following: Debbie and Allison have been working on the perfect gelato recipe for years and they’re finally ready to open up a shop. They decide on the name The Gelato Gals and find the perfect location. They buy an expensive sign for the front, develop menus, create a website, and even print up aprons and t-shirts that sport their logo for themselves and the staff.
Unfortunately for The Gelato Gals, there’s an existing chain of gelato shops in Cleveland and Columbus, called The Gelato Girls. The owners of The Gelato Girls have a trademark attorney who had advised them to register their name and logo years ago. They think that The Gelato Gals is too similar a name to theirs and may cause confusion amongst consumers.
Because of this, the trademark attorney for The Gelato Girls sends a cease-and-desist letter to Debbie and Allison. Unfortunately, The Gelato Gals have no legal recourse because they did not protect their brand with a trademark. They’ve wasted a lot of time and energy on a brand that they can no longer use. It’s a financial setback that will be hard to recover from.
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 Cincinnati and yet it can assist businesses from Ohio in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Cincinnati Businesses
- Trademark Search Services
- Trademark Application Filing
- Trademark Infringement Defense
- Trademark a Name
- Trademark a Phrase
- Trademark Cease and Desist Letters
- Trademark Office Action Response
- Trademark Abandonment