Colorado Springs, Colorado Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Our trademark attorneys absolutely love helping companies protect their brand names and logos throughout Colorado Springs, Colorado, the United States, and around the world.
Top Questions Colorado Springs Businesses Have About Obtaining a Trademark
If I Only Provide My Services in Colorado Springs, Colorado, 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 Colorado Springs, Colorado, 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 unique symbol, word, phrase, design, or a combination thereof, that distinguishes and identifies the source of goods or services provided by a particular company or individual. It acts as a badge of origin, helping consumers recognize and associate products or services with a specific brand. Trademarks play a crucial role in branding and marketing strategies, as they can convey the quality, reputation, and goodwill of a business.
By obtaining a registered trademark, the owner gains legal protection for their brand identity, allowing them to prevent others from using similar marks in a way that could cause confusion among consumers. Trademarks can include various types of intellectual property, such as brand names, logos, slogans, product names, and even distinctive packaging.
To establish a strong trademark, it must be distinctive and not generic or descriptive of the goods or services it represents. The more unique and creative the mark, the easier it will be to obtain and protect as a trademark.
Overall, trademarks provide a means for businesses to establish their identity and protect their brand in the marketplace, promoting consumer trust and brand loyalty. Registering a trademark with the appropriate government agency (such as the United States Patent and Trademark Office – USPTO) is essential to secure the full legal benefits and protection associated with trademarks.
Is there a difference between a trademark and service mark?
Yes, there is a difference between a trademark and a service mark, though they serve a similar purpose. Both trademarks and service marks are types of intellectual property used to protect branding elements, but they apply to different types of offerings.
- Trademarks: Trademarks are used to protect symbols, logos, names, or any other distinctive marks associated with tangible goods or products. For example, a company’s logo displayed on clothing or a unique product name would be protected as a trademark. When consumers see a trademark on a product, they know the origin of that item and associate it with the quality and reputation of the brand.
- Service Marks: Service marks, on the other hand, are used to protect marks associated with services rather than physical products. This includes business names, logos, or slogans used to identify and distinguish services provided by a company. For instance, a service mark might be used to protect the name and logo of a law firm or a restaurant chain.
While the legal protection and registration process for trademarks and service marks are similar, they are classified differently to differentiate between goods and services in commerce. In many countries, including the United States, the terms “trademark” and “service mark” are often used interchangeably, and the same registration process typically applies to both. In the US, both trademarks and service marks can be registered with the USPTO under the Lanham Act, which governs the registration and protection of these marks.
In summary, the main difference between a trademark and a service mark lies in the type of goods or services they protect. A trademark is used for products, while a service mark is used for services, but the legal protections and registration procedures are similar for both.
What’s the difference between the ® and TM symbols?
The ® symbol and the TM symbol are used to indicate the status of a trademark, but they convey different meanings and legal implications.
- TM Symbol: The TM symbol stands for “Trademark.” It is used to indicate that a word, phrase, logo, or symbol is being used as a trademark, even if it is not yet registered with the appropriate government authority. Essentially, it serves as a claim of ownership and notifies the public that the owner considers the mark to be a trademark. Using the TM symbol can help establish common-law rights to the mark and provide some level of protection against others using a similar mark in connection with the same or related goods or services.
- ® Symbol: The ® symbol, on the other hand, stands for “Registered Trademark.” It can only be used once a trademark is officially registered with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO) in the case of the US. The ® symbol provides additional legal protection and benefits compared to the TM symbol. It puts others on notice that the mark is protected by federal registration, and it grants the owner exclusive rights to use the mark nationwide in connection with the goods or services listed in the registration. It also allows the owner to pursue legal action against infringers and claim statutory damages in court.
In summary, the main difference between the ® and TM symbols is that the TM symbol is used for unregistered trademarks, indicating that the owner claims rights to the mark, while the ® symbol is used exclusively for registered trademarks, signifying that the mark is federally protected and enjoys enhanced legal rights. It’s important to use these symbols correctly to inform consumers and potential infringers about the status and protection of the trademark. Using the ® symbol for an unregistered mark or falsely indicating a mark as registered can lead to legal consequences.
How can I determine if a trademark is available?
Before adopting and using a trademark for your business, it’s crucial to ensure that it is available for use to avoid potential legal issues and conflicts with existing trademarks. Here are the steps to determine if a trademark is available:
- Search Online Databases: Start by conducting a comprehensive search on online trademark databases. In the United States, you can use the USPTO’s Trademark Electronic Search System (TESS) to search for registered and pending trademarks. Look for marks that are similar or identical to the one you want to use. It’s essential to consider not only exact matches but also similar-sounding or similar-looking marks that may cause confusion.
- Search Common Law Databases: Trademarks can also receive protection under common law simply by being used in commerce, even if they are not registered. Perform internet searches, check business directories, and look into industry-specific databases to identify any unregistered marks that might conflict with your proposed mark.
- Hire a Trademark Attorney: Consulting with a trademark attorney is highly recommended. An experienced attorney can conduct a more thorough search using specialized tools and databases, ensuring that no potential conflicts are overlooked. They can offer legal advice and help you assess the risk of using a particular mark.
- Consider International Trademarks: If you plan to expand your business globally, remember that trademark rights are generally limited to specific countries or regions. Conduct searches in the countries where you intend to operate to ensure the mark is available in those jurisdictions as well.
- Avoid Generic or Descriptive Terms: It’s essential to choose a distinctive and unique trademark rather than a generic or descriptive term that is commonly used to describe the goods or services you offer. Generic or descriptive marks are difficult to protect and can be challenged or invalidated.
- Perform Regular Checks: Trademark databases are continually updated with new registrations and applications. Even after adopting a trademark, it’s a good practice to periodically check for new marks that might conflict with yours.
- Clearance Opinion: Based on the search results, your attorney can provide a clearance opinion, indicating whether your proposed mark is likely to face any legal challenges or conflicts. This opinion will guide you in making an informed decision about proceeding with the mark.
Performing a thorough trademark search and clearance process is crucial for the success and protection of your brand. It helps prevent costly legal disputes and ensures that your trademark can be registered and defended effectively.
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. While using a trademark in commerce is a key requirement for obtaining trademark rights, the use can be either “actual use” or “intent-to-use” in the context of the application process.
- Actual Use: If you are already using the trademark in commerce to sell products or provide services, you can file a trademark application based on “actual use.” This means you are currently using the mark in connection with the goods or services specified in the application, and you can provide evidence of such use.
- Intent-to-Use: If you have a bona fide intent to use a trademark but have not yet started using it in commerce, you can file an “intent-to-use” (ITU) application. This allows you to secure a priority filing date for your mark, reserving the right to use the mark once it is in actual use. However, before the mark can be registered, you must submit proof of actual use to the trademark office.
The advantage of filing an ITU application is that it gives you time to finalize your branding and business plans without losing your filing date priority. It can be especially beneficial if you are in the early stages of business development or if your product or service is not yet ready to launch.
Once the ITU application is approved, the trademark office will issue a Notice of Allowance, indicating that the mark is allowed for registration but requires proof of actual use. You have six months from the date of the Notice of Allowance to submit evidence of actual use, and you can request up to five extensions of six months each if you need more time to start using the mark in commerce.
In summary, while you do not need to have a product or service currently on the market to file a trademark application, you must eventually demonstrate actual use of the mark to obtain a registered trademark. If you have a genuine intention to use the mark but are not yet using it, an intent-to-use application can secure your priority date and give you time to implement your branding and business plans.
If I only provide my services locally, can I still obtain a federal trademark?
Yes, you can obtain a federal trademark even if you only provide your services locally. Federal trademark registration in the United States is not contingent on the geographical scope of your business operations. Instead, it is based on the use of the mark in commerce and meeting other registration requirements.
When applying for a federal trademark, you have to demonstrate that you are using the mark in commerce across state lines, or that you have a bona fide intent to use the mark in interstate commerce (if filing an intent-to-use application). This requirement is imposed by the Lanham Act, the federal law governing trademarks in the United States.
“Use in Commerce” for Services: For services, “use in commerce” generally means that you are rendering your services in connection with the mark and that the services are provided across state lines or affect interstate commerce in some way. The mere presence of a website accessible from different states or phone calls or communications with clients in other states could potentially be sufficient to demonstrate use in commerce for services.
Intent-to-Use Application: As mentioned earlier, if you have not yet started using the mark but have a genuine intent to do so, you can file an intent-to-use application. This allows you to secure a priority filing date while you are in the process of preparing your services for interstate commerce. Once you start using the mark in connection with your services across state lines, you can submit proof of actual use to the United States Patent and Trademark Office (USPTO) to complete the registration process.
It’s essential to remember that federal trademark registration offers several advantages, regardless of the geographical scope of your business:
- Nationwide Protection: Federal registration provides exclusive rights to use the mark nationwide, even in states where you may not have a physical presence.
- Enhanced Enforcement Rights: Registration strengthens your ability to enforce your trademark rights and take legal action against infringers in federal court.
- Public Notice: Registration puts others on notice of your claim to the mark, reducing the likelihood of others inadvertently adopting a confusingly similar mark.
- Prima Facie Evidence: Registration serves as prima facie evidence of the validity of your trademark and your exclusive right to use it.
In conclusion, as long as you meet the requirements of “use in commerce” for services, you can obtain a federal trademark registration, even if your services are currently limited to a local area. Federal registration provides valuable legal protections and benefits, regardless of the geographic reach of your business operations.
What should I register first: the name of my business or my brand logo?
Deciding whether to register the name of your business or your brand logo first depends on your business strategy, priorities, and the uniqueness of each element. Both business names and logos can be important assets, and protecting them with trademark registration offers valuable legal benefits. Here are some factors to consider when making this decision:
- Distinctiveness and Uniqueness: If your business name is highly distinctive, unique, and not descriptive of the goods or services you offer, it may be a strong candidate for trademark registration. A distinctive business name can serve as a strong identifier of your brand in the market. On the other hand, if your business name is more generic or descriptive, it may be challenging to obtain trademark protection.
- Logo as the Primary Brand Identifier: If your brand logo is the primary visual representation of your business and is distinct from others in your industry, you might consider registering it as a trademark first. Logos can sometimes be easier to protect, especially if they contain unique design elements or stylized text that sets them apart from competitors.
- Complementary Protection: In an ideal scenario, you would protect both your business name and logo with trademark registrations. They serve different functions in branding – the business name identifies your company, while the logo represents your visual identity. Registering both can provide comprehensive protection for your brand.
- Budget and Timing: Trademark registration involves costs, so budget constraints might influence your decision. If you need to prioritize one over the other, consider which element is more critical to your business’s immediate success and growth.
- Industry Considerations: Different industries have varying levels of competition and trademark infringement risks. If your industry is particularly crowded and competitive, securing trademark protection for your key branding elements becomes even more crucial.
- Expansion Plans: Think about your long-term goals and potential expansion into new product or service lines. Consider registering trademarks for elements that are likely to remain consistent across your brand’s evolution.
- Comprehensive Brand Strategy: In many cases, a comprehensive brand strategy involves registering both the business name and the logo as trademarks. This way, you create a stronger and more defensible brand identity.
Ultimately, the decision on what to register first depends on the specific circumstances of your business. If both your business name and logo are equally valuable to your brand, consider working with a trademark attorney to develop a comprehensive strategy for protecting all key elements of your branding through the trademark registration process. This can help ensure your brand is well-protected and positioned for success in the market.
What is a fanciful trademark?
A fanciful trademark is a type of trademark that falls under the category of “distinctive” marks. It is considered the strongest and most protectable type of trademark. Fanciful trademarks are created by using a completely made-up or invented word, term, or combination of letters that have no inherent meaning in any language. These marks are coined solely for the purpose of functioning as a trademark and have no other significance.
Key characteristics of fanciful trademarks:
- Distinctiveness: Fanciful marks are highly distinctive because they are entirely unique and do not describe the product or service they represent. Since they have no pre-existing meaning, consumers are more likely to associate them exclusively with a particular brand.
- Strong Protection: Fanciful trademarks enjoy strong legal protection because of their uniqueness. They are less likely to be confused with other trademarks, and their owners can claim exclusive rights to use them in connection with specific goods or services.
- Brand Recognition: Fanciful marks are powerful tools for building brand recognition and identity. Since they are not common words, they tend to be more memorable and stand out in the minds of consumers.
Examples of fanciful trademarks include “Kodak” for cameras and photography equipment, “Exxon” for petroleum products, and “Xerox” for copiers. These terms had no prior meaning before they were adopted as trademarks, and their owners were able to build strong brands around them.
When creating a fanciful trademark, it is essential to consider its potential for being memorable, easy to pronounce, and suitable for the goods or services you offer. Since fanciful marks have no existing associations, their success in the marketplace depends on effective marketing and consumer recognition.
In contrast to fanciful trademarks, other categories of trademarks include:
- Arbitrary Trademarks: These marks use common words, but they have no direct connection to the products or services they represent. For example, “Apple” for computers and electronics.
- Suggestive Trademarks: Suggestive marks indirectly convey characteristics or qualities of the goods or services, requiring some imagination or thought to understand the connection. An example is “Netflix” for streaming media services.
- Descriptive Trademarks: Descriptive marks directly describe the products or services they represent, and they typically receive less protection unless they acquire secondary meaning through extensive use and recognition.
- Generic Terms: Generic terms are common names for goods or services and cannot be registered as trademarks. For example, “Computer” cannot be trademarked for computers.
In conclusion, a fanciful trademark is an entirely invented term with no prior meaning, making it a highly distinctive and protectable form of intellectual property. By choosing a fanciful mark, businesses can create a strong brand identity and enjoy exclusive rights to its use in connection with their products or services.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication that includes information about trademarks that have been approved. It’s released every week on a Tuesday. Once a trademark is published in the OG, anyone can come forward within 30 days of the date of publication to oppose the trademark. If no one opposes the mark, then it is officially registered.
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 individuals and businesses to electronically file trademark applications and manage their trademark-related matters. TEAS simplifies the application process, making it more efficient and accessible for trademark applicants.
The TEAS system offers several different types of trademark application forms, each tailored to specific filing scenarios:
- TEAS Plus: This form is the most cost-effective option, but it comes with stricter requirements. Applicants must meet specific criteria, such as providing accurate and detailed descriptions of goods and services from the USPTO’s Acceptable Identification of Goods and Services Manual. Additionally, they must agree to communicate with the USPTO electronically throughout the application process.
- TEAS Reduced Fee (TEAS RF): This form allows applicants to claim a reduced filing fee by agreeing to use electronic communication and submitting the application with certain limitations and requirements.
- TEAS Regular: The regular TEAS form has a higher filing fee compared to TEAS Plus and TEAS RF. However, it offers more flexibility in the goods and services descriptions and does not require the same level of strict adherence to the Acceptable Identification of Goods and Services Manual.
- TEAS Renewal: Trademark owners can use this form to file renewal applications for their registered trademarks.
- TEAS Post-Registration: This form is used for various post-registration maintenance tasks, such as filing declarations of use or excusable non-use, and submitting requests to make changes to the registered mark.
TEAS is a user-friendly platform that guides applicants through the trademark application process, ensuring that all necessary information is provided correctly. It offers built-in help tools and resources to assist applicants in understanding the various sections of the application. The system also provides immediate feedback on any errors or inconsistencies, helping applicants correct issues before submission.
Using TEAS to file a trademark application has numerous benefits, including:
– Faster Processing: Electronic filing allows for quicker processing times compared to traditional paper filings.
– Cost Savings: Some TEAS forms offer reduced filing fees, making it a cost-effective option for applicants.
– Real-Time Status Updates: Applicants can track the status of their application online and receive email notifications about important milestones.
– Access to Trademark Records: The system provides access to the USPTO’s trademark database, making it easier to search for existing marks and monitor the status of other applications.
Overall, TEAS streamlines the trademark application process, making it more efficient, cost-effective, and accessible for trademark applicants, attorneys, and other stakeholders involved in the registration process.
How long does the trademark application process take?
The time it takes to complete the trademark application process can vary depending on several factors, including the filing basis, the type of mark, the complexity of the application, and the workload at the United States Patent and Trademark Office (USPTO). On average, the entire process can take anywhere from several months to over a year. Here are the main stages and estimated timeframes:
- Filing and Initial Review: After submitting your trademark application through the Trademark Electronic Application System (TEAS), you will receive an initial acknowledgment email within 1-2 business days. However, it may take several weeks for the application to be assigned to an examining attorney for review.
- Examination and Office Actions: The examining attorney will review your application to ensure compliance with the formal and substantive requirements. If there are any issues, they will issue an office action detailing the reasons for refusal or requesting additional information. This can take several months, especially if the USPTO is experiencing a high volume of applications.
- Response to Office Actions: If you receive an office action, you have six months to respond to it. Your timely response is crucial to keep the application alive and avoid abandonment. Depending on the complexity of the issues raised, preparing and filing a response may take a few weeks to a couple of months.
- Publication: If your application passes examination, it will be published in the Official Gazette for a 30-day opposition period. During this time, third parties who believe they may be harmed by the registration of your mark can oppose it. If no opposition is filed, or if an opposition is resolved in your favor, the application can move forward.
- Registration: If no opposition is filed, or if any opposition is successfully resolved, and all other requirements are met, the USPTO will issue a Notice of Allowance or a Certificate of Registration. The time from publication to registration can be several weeks to a few months.
The total time for the entire process can range from 8 months to 18 months or more, depending on the factors mentioned above. It’s important to note that the process may take longer if there are any delays in responding to office actions or if the application faces opposition from third parties. Additionally, the USPTO’s workload and processing times can fluctuate, affecting the overall duration of the application process.
It’s essential to monitor the status of your application regularly through the Trademark Status and Document Retrieval (TSDR) system on the USPTO website and promptly respond to any requests or issues raised by the examining attorney to expedite the process and secure the registration of your trademark.
How long does a trademark last?
Once a trademark is registered with the United States Patent and Trademark Office (USPTO), it can last indefinitely, as long as certain maintenance requirements are met. Unlike patents or copyrights, which have set expiration dates, trademarks can be renewed as long as the mark continues to be used in commerce and the necessary renewal filings are submitted.
In the United States, the initial term of federal trademark registration is ten years. After the initial ten-year period, trademark owners must file a renewal application to keep the registration active. Here’s a breakdown of the renewal process and subsequent terms:
- First Renewal: The first renewal is due between the ninth and tenth year after the trademark’s initial registration date. The trademark owner must file a Section 8 Declaration of Continued Use, providing evidence that the mark is still in use in commerce.
- Subsequent Renewals: After the first renewal, subsequent renewals are required every ten years. Each renewal requires the submission of a Section 8 Declaration of Continued Use and a Section 9 Application for Renewal.
- Additional Proof of Use: For trademarks registered based on an intent-to-use application (ITU), the owner must also submit a specimen showing use of the mark in commerce with each renewal filing.
- Grace Period: The USPTO allows a six-month grace period for filing the renewal documents. However, a late fee is applied for renewals filed during this grace period.
- Continuous Use Requirement: To maintain a federal trademark registration, the mark must be continuously used in commerce for the goods or services listed in the registration. Failure to use the mark in commerce or a lack of proper documentation may result in the cancellation of the registration.
It’s essential for trademark owners to keep track of renewal deadlines and maintain accurate records of their trademark use to ensure the registration remains active. Additionally, trademark owners should monitor the status of their trademarks regularly and promptly respond to any communication from the USPTO to avoid potential issues with the registration.
By continuously renewing the trademark and maintaining its use in commerce, a registered trademark can provide long-lasting protection for a brand, fostering consumer recognition and trust over time. As a valuable asset, a well-maintained trademark can contribute significantly to a company’s overall success and market presence for years to come.
Can I use a trademark without registering it?
Yes, you can use a trademark without registering it. Trademark rights are established through actual use of the mark in commerce, regardless of whether the mark is registered with the United States Patent and Trademark Office (USPTO) or other trademark authorities. This concept is known as “common law” trademark rights.
When you start using a trademark to identify your goods or services in the marketplace, you automatically gain common law rights to that mark within the geographic area where the mark is being used. These rights typically provide some level of protection against others using a similar mark in the same geographical region and industry, even if you haven’t registered the mark.
However, there are limitations to common law trademark rights:
- Geographical Scope: Common law rights are limited to the specific geographic area where the mark is being used in commerce. If you’re only using the mark locally, your protection will be limited to that locality.
- Enforcement Challenges: Enforcing common law trademark rights can be more challenging than enforcing registered trademark rights. Proving the existence and scope of common law rights may require substantial evidence, making legal actions more complex.
- Priority Issues: Without federal registration, it may be challenging to establish priority over a similar mark used by another business that later applies for federal registration. In such cases, the owner of the federally registered mark may have superior rights.
- No Presumption of Validity: Common law marks do not have the same level of presumption of validity and ownership as federally registered marks. Registration provides strong evidence of ownership and nationwide rights.
Given these limitations, registering a trademark with the USPTO or the appropriate trademark authority offers several advantages:
- Nationwide Protection: Registration provides exclusive rights to use the mark nationwide, regardless of your business’s geographic scope.
- Presumption of Ownership: Registration creates a presumption of ownership, making it easier to enforce your rights and establish priority over later-filed marks.
- Legal Protections: Registered marks enjoy stronger legal protection, making it easier to take legal action against infringers.
- Public Notice: Registration puts others on notice of your claim to the mark, reducing the likelihood of others inadvertently adopting a similar mark.
In conclusion, while you can use a trademark without registering it, obtaining federal registration offers significant benefits and increased legal protection. For businesses looking to build a strong brand and protect their intellectual property, federal registration is often a prudent step to secure comprehensive and enforceable trademark rights.
When should I hire a trademark lawyer?
Hiring a trademark lawyer is a wise decision when you want to protect your brand and ensure that your trademark registration process goes smoothly. While it is possible to file a trademark application on your own, working with a knowledgeable trademark attorney offers several significant advantages:
- Trademark Search and Clearance: A trademark lawyer can conduct a comprehensive trademark search to determine if your proposed mark is available for registration. They will identify potential conflicts with existing trademarks and advise you on the likelihood of successfully registering your mark.
- Filing Strategy: A trademark attorney can help you choose the appropriate filing basis, whether it’s “actual use” or “intent-to-use,” and recommend the right type of trademark application for your specific situation.
- Application Preparation: Your attorney will guide you through the complex application process, ensuring all required information is correctly provided. They will help draft clear and precise descriptions of goods and services, avoiding potential pitfalls that could lead to registration delays or refusals.
- Office Actions: If the USPTO issues an office action, your attorney can assist in preparing a strong response, addressing any concerns and increasing the chances of successful registration.
- Trademark Watch: A trademark lawyer can set up a monitoring system to track potentially conflicting marks after your trademark is registered. This helps you identify potential infringements and take appropriate actions to protect your brand.
- Enforcement and Litigation: If someone infringes upon your trademark rights, your attorney can guide you through the enforcement process, including sending cease-and-desist letters or taking legal action if necessary.
- International Trademark Protection: If you plan to expand your business globally, a trademark lawyer can advise you on international trademark protection strategies and navigate the complexities of foreign trademark systems.
- Trademark Portfolio Management: If you have multiple trademarks or plan to file for additional marks in the future, a trademark attorney can help manage and protect your entire trademark portfolio.
- Legal Expertise: Trademark law can be intricate, and having a knowledgeable attorney on your side ensures you’re making informed decisions and avoiding potential pitfalls.
By enlisting the services of a trademark lawyer, you increase the likelihood of a successful trademark registration, reduce the risk of legal challenges, and gain valuable insights into protecting and enforcing your intellectual property rights. Whether you’re a small business owner, an entrepreneur, or a company with an established brand, a trademark attorney is an invaluable asset in safeguarding your brand identity and securing your long-term business interests.
What is a trademark’s specimen?
In the context of a trademark application, a specimen is a sample or evidence that demonstrates how the trademark is being used in commerce. It serves as proof to the United States Patent and Trademark Office (USPTO) that the mark is being used in association with the goods or services listed in the application.
The submission of an acceptable specimen is a crucial requirement for both “actual use” and “intent-to-use” trademark applications. The type of specimen required depends on whether the mark is used in connection with goods or services.
- Specimen for Goods: For trademarks used with tangible goods, acceptable specimens may include photographs or digital images showing the mark directly on the product, on packaging, on labels, or on tags attached to the product. The specimen should clearly display the mark in use and show how it appears to consumers in the marketplace.
- Specimen for Services: For trademarks used with services, acceptable specimens may include advertising materials, brochures, flyers, business cards, website screenshots, or other materials that show the mark in connection with the offering or advertising of the services.
The purpose of submitting a specimen is to demonstrate that the mark is not merely an idea or a concept but is actually used in commerce to identify the source of specific goods or services. It helps the USPTO verify that the mark is functioning as a trademark and not just as a decorative element or a generic term.
It’s important to note that the USPTO has specific requirements for the format and quality of specimens. They must be clear, legible, and show the mark in actual use on the goods or in connection with the services. The specimens should be free from alterations or extraneous information that could confuse the consumer about the source of the goods or services.
Additionally, specimens for foreign-based applicants or for goods or services rendered outside the US may require additional documentation or translation to ensure they meet the USPTO’s requirements.
Ensuring that your trademark application includes appropriate and acceptable specimens is critical to the success of your registration. If the submitted specimens do not meet the USPTO’s standards, the application may be refused, leading to delays in the registration process.
Working with a trademark attorney can be beneficial in preparing and submitting specimens that comply with the USPTO’s requirements, increasing the chances of a successful registration of your trademark.
Can I request an expedited approval of my trademark registration?
Yes, you can request an expedited or accelerated examination of your trademark application under certain circumstances. The United States Patent and Trademark Office (USPTO) offers an option known as the “TEAS Plus” application with a “TEAS RF” (Reduced Fee) option, which allows for faster processing compared to the regular application.
Here’s how it works:
- TEAS Plus Application: If you meet specific requirements and agree to certain conditions, you can file a TEAS Plus application. The requirements include providing a complete and accurate description of the goods or services, using pre-approved identifications from the USPTO’s Acceptable Identification of Goods and Services Manual, and agreeing to communicate electronically throughout the application process.
- TEAS RF Option: In addition to the TEAS Plus application, you can choose the TEAS RF option, which comes with a reduced filing fee compared to the regular TEAS application. However, this option still requires adherence to the same conditions as the TEAS Plus application.
The advantages of choosing the TEAS Plus application with the TEAS RF option are as follows:
– Faster Processing: TEAS Plus applications receive priority processing over regular applications, reducing the time it takes for initial examination and other processes.
– Reduced Filing Fee: By opting for the TEAS RF option, you can save money on the application fee, making it a cost-effective choice for some applicants.
However, it’s essential to ensure that your application meets the strict requirements for the TEAS Plus application. If your application fails to comply with the specified conditions, it will be converted to a regular TEAS application, and you will lose the expedited processing and the reduced fee.
If your application does not qualify for the TEAS Plus option or if you need to expedite the process further, you may explore other alternatives, such as filing under an “intent-to-use” basis, which allows you to secure a priority filing date while preparing to use the mark in commerce. Additionally, engaging a trademark attorney can help streamline the application process, ensure all requirements are met, and increase the chances of a successful and expedited registration.
Keep in mind that while expedited processing can speed up initial examination, the overall trademark registration process can still take several months to complete, depending on various factors, including the complexity of the application and the workload at the USPTO.
Can I trademark a phrase?
Yes, you can trademark a phrase under certain conditions. Phrases can be eligible for trademark protection if they meet the requirements for distinctiveness and are used to identify and distinguish your goods or services from those of others in the marketplace.
To qualify for trademark protection, a phrase must fall into one of the following categories:
- Fanciful or Coined Phrases: These are completely made-up phrases that have no prior meaning and are invented solely for use as a trademark. Fanciful phrases are considered the strongest and most protectable type of marks.
- Arbitrary Phrases: Arbitrary phrases are common words used in a context unrelated to the goods or services they represent. For example, “Apple” for computers and electronics.
- Suggestive Phrases: Suggestive phrases indirectly convey characteristics or qualities of the goods or services they identify, requiring some imagination or thought to understand the connection. An example is “Netflix” for streaming media services.
- Secondary Meaning: Descriptive phrases that have acquired “secondary meaning” may also be eligible for trademark protection. Secondary meaning occurs when a descriptive phrase has become associated with a particular source in the minds of consumers due to extensive use and promotion.
However, some phrases may not be eligible for trademark protection:
- Generic Phrases: Generic phrases that merely describe the goods or services cannot be trademarked. For example, “Computer Store” cannot be trademarked for a store selling computers.
- Merely Informational: Phrases that are merely informational or express common expressions are generally not eligible for trademark protection. They do not serve the primary purpose of identifying the source of goods or services.
When applying for a trademark for a phrase, it’s essential to conduct a thorough trademark search to ensure that the phrase is not already in use by someone else in a similar context. Additionally, providing a clear and precise description of the goods or services associated with the phrase is crucial for the success of the application.
Working with a trademark attorney can be beneficial in navigating the complex process of trademarking a phrase. An attorney can help determine the distinctiveness of the phrase, conduct a comprehensive search, prepare the application, and guide you through the registration process to increase the likelihood of a successful trademark registration.
Can I trademark a logo?
Yes, you can trademark a logo. A logo can function as a trademark if it is used to identify and distinguish your goods or services from those of others in the marketplace. Trademark protection for logos is available if the mark meets the requirements for distinctiveness and is used in connection with specific goods or services.
Here are some key points to consider when trademarking a logo:
- Distinctiveness: Like any other trademark, the distinctiveness of the logo is crucial for eligibility. The logo should be unique and not merely descriptive of the goods or services it represents. Highly distinctive logos, such as those that are fanciful, arbitrary, or suggestive, are more likely to receive strong protection.
- Identifying Source: The primary function of a trademark is to identify the source of goods or services. Your logo should be used in a way that consumers recognize it as a symbol representing your brand.
- Use in Commerce: To obtain federal trademark registration in the United States, the logo must be used in commerce in connection with the goods or services specified in the application. This means the logo must be present on the products or used in advertising or marketing materials related to the services.
- Description and Representation: In your trademark application, you must provide a clear description of the logo and submit a proper representation of the mark. The representation could be a black-and-white image or a color image, depending on how you use the logo in commerce.
- Search for Similar Logos: Before filing for trademark registration, it is essential to conduct a comprehensive trademark search to ensure that your logo is not confusingly similar to any existing trademarks. This search helps identify potential conflicts that could lead to objections during the registration process.
- Protection for Specific Goods or Services: Trademark protection is granted for specific classes of goods or services. Therefore, your application should specify the exact goods or services associated with the logo.
- Use the Logo Consistently: To maintain the trademark’s validity, it’s crucial to use the logo consistently and not make significant changes to it. Minor updates or variations may be acceptable, but substantial changes could weaken the trademark’s strength.
- Consider International Protection: If you plan to use the logo internationally, you may want to consider filing for trademark protection in other countries or through international treaties, such as the Madrid Protocol.
To maximize the chances of a successful trademark registration for your logo, it is highly recommended to work with a trademark attorney. An attorney can assist with the search process, advise on the distinctiveness of the logo, help prepare the application, and navigate any potential challenges or objections during the registration process. With proper trademark protection, your logo can become a valuable asset in building brand recognition and consumer trust.
Can I trademark a color?
Yes, it is possible to trademark a color under certain circumstances. However, obtaining trademark protection for a color can be challenging, as colors are considered inherently less distinctive than words, logos, or other traditional trademarks. To be eligible for trademark protection, a color must meet a higher standard of distinctiveness and must be used in a way that uniquely identifies the source of goods or services.
There are two main categories of color trademarks:
- Single-Color Marks: These are trademarks that consist of a single color used in connection with specific goods or services. Examples of successful single-color marks include the brown color used by UPS for its delivery trucks and the Tiffany blue used by Tiffany & Co. for its jewelry boxes.
- Color Combinations: These are trademarks that consist of specific color combinations used together in a distinctive way. An example is the red and white color combination used by Coca-Cola for its soda cans and bottles.
To obtain trademark protection for a color or color combination, the applicant must demonstrate that the color has acquired “secondary meaning.” Secondary meaning means that consumers have come to associate the specific color with a particular source of goods or services, rather than merely identifying the product or service itself.
Proving secondary meaning often requires extensive evidence, such as consumer surveys, market research, advertising expenditure data, and evidence of long and exclusive use of the color in commerce. The evidence must show that the color has become distinctive and recognizable as a symbol of the applicant’s brand.
It’s important to note that not all colors are eligible for trademark protection. Some colors may be considered generic for certain industries (e.g., green for environmental products) or may have functional uses (e.g., specific colors used for traffic signals). In such cases, trademark protection may not be granted.
If you believe your color or color combination meets the requirements for trademark protection, it is advisable to work with a trademark attorney to navigate the complex process of obtaining a color trademark. An attorney can assist in conducting a comprehensive trademark search, gathering the necessary evidence of secondary meaning, and preparing a strong application to increase the likelihood of a successful 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. Trademark assignment is the legal term for transferring ownership of a registered trademark from one party (the assignor) to another (the assignee). The assignment must be in writing and properly executed to be valid.
Here are the key points to consider when transferring a trademark:
- Written Agreement: The assignment must be documented in a written agreement signed by both the assignor and the assignee. The agreement should clearly identify the trademark being transferred, the effective date of the transfer, and any terms or conditions of the assignment.
- Recordation with the USPTO: While it is not mandatory to record trademark assignments with the United States Patent and Trademark Office (USPTO), doing so provides public notice of the transfer and establishes a clear chain of title. Recording the assignment can also help prevent potential disputes over ownership in the future.
- Goods and Services: The assignment can be for the entire registration or for specific goods or services listed in the registration. It’s essential to specify the scope of the assignment in the written agreement.
- License vs. Assignment: It’s important to distinguish between a trademark assignment and a trademark license. In an assignment, ownership of the trademark is transferred, and the assignee becomes the new owner. In a license, the owner (licensor) grants permission to another party (licensee) to use the trademark under certain terms, while retaining ownership.
- Goodwill and Incontestability: If the trademark has acquired “incontestable” status, the assignment of the mark includes any associated goodwill, as provided by law. The assignor cannot later challenge the validity of the mark based on prior use.
- Other Agreements: If the trademark is being transferred as part of a larger business transaction, such as the sale of a business or a merger, the trademark assignment should be clearly outlined in the main agreement.
- International Considerations: If the trademark is registered in other countries, you may need to follow specific procedures for transferring ownership in those jurisdictions.
Remember that trademark assignment is a legal process, and it’s crucial to have a well-drafted and legally binding agreement to protect the interests of both parties. Working with a qualified attorney who specializes in trademark law can ensure that the assignment is correctly executed, recorded (if necessary), and compliant with all legal requirements.
By transferring your trademark properly, you can assign your rights to another party and potentially gain value from the trademark as part of a business transaction or as an independent asset.
Can I license my trademark to others?
Yes, you can license your trademark to others through a trademark licensing agreement. Licensing allows you, as the trademark owner (licensor), to grant permission to another party (licensee) to use your trademark under specified conditions and for a defined period.
Here are the key points to consider when licensing your trademark:
- Written Licensing Agreement: The licensing arrangement must be formalized in a written agreement that outlines the terms and conditions of the license. The agreement should clearly state the scope of the license, the permitted use of the trademark, the quality standards to be maintained by the licensee, the duration of the license, and any applicable royalties or fees.
- Quality Control: As the trademark owner, you have a legal responsibility to maintain the quality and reputation associated with your trademark. The licensing agreement should include provisions that allow you to exercise reasonable control over the use of the mark by the licensee. This helps ensure that your brand is not diluted or misrepresented by the licensee.
- Exclusive vs. Non-Exclusive License: You can grant an exclusive license to a single licensee, giving them the sole right to use the trademark in the specified territory or for particular goods/services. Alternatively, you can grant a non-exclusive license, allowing multiple licensees to use the mark in the same or different territories.
- Royalties and Fees: If you choose to charge royalties or licensing fees, the agreement should clearly specify the amount and schedule of payments. Royalties are typically calculated as a percentage of the licensee’s sales revenue generated from the use of the trademark.
- Termination and Revocation: The agreement should outline the circumstances under which either party can terminate the license, as well as the consequences of termination. This is important in case the licensee fails to comply with the terms of the agreement or if you decide to revoke the license for any reason.
- Geographic Scope: You can limit the license to specific geographic regions, allowing the licensee to use the mark only in designated areas.
- Duration: The license can be for a fixed term or for an indefinite period. If the license has a specific end date, the agreement should state the conditions for renewal or termination.
- International Considerations: If the licensing agreement involves the use of the trademark in multiple countries, you may need to consider trademark laws and registration requirements in each jurisdiction.
Licensing your trademark can be a valuable way to generate additional revenue and expand the reach of your brand without directly entering new markets or producing new products. However, it’s essential to carefully draft the licensing agreement and ensure that the licensee adheres to the terms to protect the integrity of your trademark and preserve its value.
Working with an experienced trademark attorney can help you create a comprehensive licensing agreement that safeguards your trademark and helps maximize its potential while mitigating potential risks associated with licensing.
If my trademark is registered in the United States, is it protected in other countries as well?
No, if your trademark is registered in the United States, it is not automatically protected in other countries. Trademark rights are territorial, which means that registration in one country only provides protection within the borders of that specific country.
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 can be done through the national trademark offices of those countries or through regional trademark systems, such as the European Union Intellectual Property Office (EUIPO) for European Union member states.
International trademark protection can be pursued through two primary mechanisms:
- The Madrid System: The Madrid System for the International Registration of Marks allows trademark owners to seek protection in multiple countries by filing a single application with their national or regional trademark office. This system is administered by the World Intellectual Property Organization (WIPO). If your country is a member of the Madrid System, you can designate other member countries where you want your trademark to be protected.
- Individual Country Applications: Alternatively, you can file individual trademark applications directly with the national trademark offices of the countries where you seek protection. Each application will be subject to the specific laws and regulations of the respective country.
It’s essential to consider where you plan to use or expand your business and seek trademark protection accordingly. Expanding your brand internationally can offer significant business opportunities, but it also requires careful consideration of each country’s legal requirements, cultural factors, and potential trademark conflicts.
Before pursuing international trademark protection, conducting a comprehensive trademark search in each target country is crucial to identify potential conflicts with existing marks. Additionally, working with a trademark attorney who has experience in international trademark law can help navigate the complexities of global trademark registration and ensure your brand is adequately protected in your target markets.
Registering your trademark in other countries provides valuable legal protection and helps prevent others from using similar marks that could create confusion with your brand. It also gives your business a stronger foundation for expansion and enforcement of your intellectual property rights worldwide.
Is there such a thing as an “International Trademark”?
While there is no singular “International Trademark” that provides universal protection worldwide, there are international mechanisms that facilitate the process of seeking trademark protection in multiple countries. These mechanisms aim to streamline and simplify the trademark registration process for businesses seeking to protect their marks in multiple jurisdictions.
The two main international systems for seeking trademark protection are:
- The Madrid System: The Madrid System for the International Registration of Marks, administered by the World Intellectual Property Organization (WIPO), allows trademark owners to file a single international application to seek protection in multiple member countries. This system is beneficial for businesses looking to expand their brand globally. By submitting an international application through the Madrid System, known as an “International Registration,” a trademark owner can designate the member countries where they want protection. Each designated country will then examine the application according to its national trademark laws. If approved, the mark will be protected in those countries as if it were filed directly with each national trademark office.
- Regional Trademark Systems: Some regions, such as the European Union and African Intellectual Property Organization (OAPI), have established regional trademark systems that allow for unified trademark registration and protection across multiple member states. For example, the European Union has the European Union Trade Mark (EUTM) system, which provides trademark protection in all EU member countries through a single application.
It’s important to note that while these international systems streamline the registration process, they do not create a single global trademark registration. Each designated country or region will still apply its own laws and examination procedures to assess the trademark’s registrability and protectability. Additionally, any issues or objections raised by individual countries during the examination process must be addressed separately.
Choosing the right countries or regions for international trademark protection requires careful consideration of your business’s expansion plans, target markets, and budget. Conducting a thorough trademark search in each jurisdiction is essential to identify any existing marks that could pose a conflict.
Navigating the complexities of international trademark registration can be challenging, which is why seeking the guidance of a trademark attorney with experience in international trademark law is highly recommended. An attorney can help you understand the requirements of each country or region, guide you through the application process, and maximize the protection of your valuable intellectual property on a global scale.
What is a trademark office action?
A trademark office action is an official written communication issued by 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 or deficiencies found in the application that prevent it from being approved for registration. Office actions can be substantive or procedural in nature, and they require a timely and appropriate response from the applicant.
There are two main types of trademark office actions:
- Substantive Office Action: A substantive office action addresses issues related to the registrability of the mark itself or conflicts with existing trademarks. Common reasons for a substantive office action may include:
– Likelihood of Confusion: The USPTO finds that the proposed mark is similar to an existing registered or pending trademark, which could cause confusion among consumers.
– Descriptiveness: The USPTO determines that the mark is merely descriptive of the goods or services and lacks distinctiveness.
– Genericness: The USPTO considers the mark to be generic, meaning it is a common term used to refer to the goods or services, and cannot be registered as a trademark.
– Specimen Issues: The submitted evidence of the mark’s use in commerce (specimen) may be insufficient or not properly demonstrate the mark’s use as a source identifier.
- Procedural Office Action: A procedural office action addresses issues related to the technical requirements or formalities of the application. These issues typically do not affect the registrability of the mark itself but require the applicant to correct or amend specific details in the application. Examples of procedural issues include:
– Incomplete Information: The USPTO may request additional information or clarification about the goods or services listed in the application.
– Incorrect Filing Fee: The filing fee may have been miscalculated or not submitted correctly.
– Failure to Respond: If the applicant missed a deadline or failed to respond to a previous office action, the USPTO may issue a subsequent action as a reminder.
The applicant has a specific period, usually six months, to respond to the office action. If the issues raised in the office action are not addressed within the allotted time, the USPTO will abandon the application, and the trademark will not be registered.
Responding to a trademark office action requires careful consideration and often involves legal analysis and arguments. It is advisable to work with a trademark attorney when preparing the response to ensure that all requirements are met, and the best possible arguments are presented to overcome any objections raised by the USPTO. A well-prepared response increases the likelihood of a successful trademark registration.
What should I do if I receive an office action on my trademark application?
Receiving a trademark office action does not necessarily mean that your application will be denied, but it does require prompt and appropriate action on your part. Here are the steps you should take if you receive an office action on your trademark application:
- Review the Office Action Thoroughly: Carefully read and understand the contents of the office action. Determine whether it is a substantive or procedural office action and identify the specific issues or objections raised by the USPTO.
- Consult with a Trademark Attorney: If you have not already done so, it is highly recommended to seek the assistance of a trademark attorney. An experienced attorney can analyze the office action, provide guidance on the best course of action, and assist in preparing a well-crafted response.
- Understand the Deadline: Take note of the deadline for responding to the office action. The deadline is typically set at six months from the date of the office action. Failing to respond within the specified time will result in the abandonment of your application.
- Gather Necessary Information: If the office action requests additional information or clarifications, gather all the relevant documents and evidence to support your response. This may include evidence of use in commerce, samples of the mark’s use, or amendments to the application.
- Address the Issues Raised: Tailor your response to directly address each issue raised in the office action. Provide clear and persuasive arguments, supported by applicable law and evidence, to overcome the USPTO’s objections.
- Correct Formalities: If the office action points out procedural issues, such as incomplete information or incorrect fees, make the necessary corrections to ensure the application complies with all requirements.
- Seek Legal Guidance for Substantive Issues: If the office action raises substantive issues, such as likelihood of confusion with existing marks or descriptiveness, consult with your trademark attorney to develop compelling arguments and evidence to overcome these challenges.
- Submit the Response Timely: File your response to the office action with the USPTO before the deadline expires. It’s advisable to submit the response well in advance of the deadline to account for any unforeseen delays.
- Monitor Application Status: After submitting your response, monitor the status of your application to ensure that the USPTO acknowledges receipt of your response and processes it accordingly.
Responding to a trademark office action can be complex, and the success of your response depends on the strength of your arguments and evidence. Working with a trademark attorney who understands the intricacies of trademark law can greatly improve your chances of overcoming the objections and obtaining a successful trademark registration.
Can someone infringe upon my trademark while my trademark application is in review?
Your trademark will not be fully protected until it has been registered with the USPTO. However, you do gain certain protections on the day you file your trademark application.
First, your application will be prioritized over applications that have a later filing date. Second, once your mark is registered, you gain retroactive trademark protection going back to the date you filed. That means if someone infringed upon your trademark after the date you submitted your application but before the date, it was eventually registered, then you can take legal action.
How do I enforce my trademark rights?
Enforcing your trademark rights is essential to protect your brand and prevent others from using your mark without authorization. Here are the key steps to take when enforcing your trademark rights:
- Monitor Your Trademark: Regularly monitor the marketplace for any unauthorized use of your trademark. This can be done through online searches, monitoring services, or working with a trademark watch provider. Identifying potential infringements early allows you to take timely action.
- Gather Evidence: If you discover unauthorized use of your trademark, gather evidence of the infringement. This may include photographs, screenshots, advertising materials, product packaging, or any other evidence showing the infringing use.
- Send a Cease-and-Desist Letter: Begin enforcement efforts by sending a cease-and-desist letter to the infringing party. The letter should assert your trademark rights, explain the infringement, and demand that the infringing activity stops immediately. Include a clear deadline for the party to comply.
- Negotiate or Mediate: In some cases, the infringing party may respond to the cease-and-desist letter, leading to negotiations or mediation to resolve the dispute. This can potentially result in a mutually agreeable resolution, such as the infringing party ceasing use of the mark or modifying their branding to avoid confusion.
- Consider Trademark Opposition or Cancellation: If the infringing party is attempting to register a similar mark with the USPTO, you can oppose their application during the registration process. Additionally, you can consider filing a cancellation proceeding against an existing registration that is infringing upon your mark.
- File a Lawsuit: If negotiations fail or the infringement continues, you may need to initiate a trademark infringement lawsuit in federal court. In the United States, federal trademark law provides remedies for trademark owners whose rights have been violated, including injunctions, damages, and, in some cases, attorneys’ fees.
- Defend Your Trademark: If someone challenges the validity of your trademark or alleges infringement on your part, you must defend your mark to maintain your rights. Respond appropriately to any legal challenges or office actions initiated by third parties.
- Record Evidence of Use: To strengthen your enforcement efforts, keep records of your trademark use in commerce. This includes evidence of your mark’s use on products, packaging, advertising, or in connection with your services.
- Work with a Trademark Attorney: Enforcing trademark rights can be complex and requires a strong understanding of trademark law. Working with a qualified trademark attorney can ensure that your enforcement efforts are effective and legally sound.
Trademark enforcement is crucial to safeguarding your brand’s reputation and market presence. By taking prompt and decisive action against infringers, you protect your investment in the trademark and maintain its value as a unique identifier of your goods or services. A proactive approach to trademark enforcement helps preserve your rights and ensures that consumers can rely on your mark to identify the quality and origin of your offerings.
Why Trademark Registration Matters for Colorado Springs Businesses
Did you know? Colorado Springs is the most expensive city in all of Colorado. Colorado Springs is also the most populous municipality of El Paso County. There’s no better time to consider starting a new business venture in Colorado Springs, but you should be sure to take the time to register your trademark early on.
Imagine the following: April has always dreamed of owning her own flower and plant shop. One day, while walking through downtown Colorado Springs she sees the perfect location. April contacts a relator and within a few weeks, she signs the lease. She decides to name her shop April Flowers & Fauna. She creates a website, orders gorgeous signage for the store, and advertises online and in local papers. She wonders if she should follow through with trademark registration, but ultimately decides that she just doesn’t have enough time to take care of that right now.
Customers in the area flock to her store and tell her how much they love her unique selection. Unfortunately, April is about to receive some devastating news. She receives a cease-and-desist letter in the mail.
As it turns out, there’s a florist in Castle Rock that trademarked a similar name years ago. Several of their regular customers were in the Colorado Springs area, and they thought the stores were connected in some way.
Now, April must shut down her successful business and not reopen until she rebrands. If she had worked with a trademark attorney from the start, she could have avoided this hassle.
Every business needs to ensure the trademark they desire is available for use before they invest time and money into 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 Colorado Springs and yet it can assist businesses from Colorado in registering a federal Trademark because trademarks are governed under federal law.