Des Moines, Iowa Businesses Use Cohn Legal for Trademark Services
Assisting startups in Des Moines, Iowa, Cohn Legal Group is a boutique law firm that focuses primarily on trademark and copyright law. Our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates. Whether you need help establishing your trademarks, handling transactional work, or protecting your brand from infringement, we’re here for you.
Top 8 Questions Des Moines Businesses Have About Obtaining a Trademark
Why shouldn’t I search the internet to see if my desired trademark is available?
Searching the internet is not a reliable way to determine if the mark you want is available for use. An internet search may show you exact matches to your search terms, but may not bring up terms that are similar to what you are searching for. One of the most common reasons trademark applications are rejected is because the mark being applied for is too similar to the one that’s already in existence.
If you want to ensure that your desired trademark is available for use before you submit your application, then contact a trademark attorney for assistance.
Why did I receive an Office Action?
If you’ve submitted a trademark application, then you may receive an Office Action in response. An Office Action is a letter from the USPTO that explains the reasons why your application was rejected or denied.
It may be because of small issues, like missing or inaccurate information on the application. Or, it can be for more significant reasons, such as the mark being too generic, or too similar to an already approved mark.
If you receive an Office Action, you’ll usually have 6 months to respond. It’s best to consult with a trademark attorney who can help you resolve any issues listed in the Office Action and draft an appropriate response to the USPTO.
How long does my trademark registration last?
Your trademark registration will last as long as you continue to use it in commerce and you submit the appropriate maintenance documents by the required deadlines.
The initial two maintenance documents will be due about 5 years and 10 years after the date your trademark was first registered. Then, you’ll have to submit maintenance documents every 10 years after that.
This can be a lot to keep track of so many business owners hire trademark attorneys who can stay on top of these filing deadlines and submit the documents on their behalf.
Will I need to register more than one trademark?
Most businesses will have more than one registered trademark. You could have one trademark for the name of your business, another for your logo, and yet another for the name of a product. Contact a trademark attorney who can help you determine what pieces of your intellectual property should be trademarked.
What does TEAS mean?
TEAS stands for the Trademark Electronic Application System. TEAS is an online portal set up by the USPTO so you can submit trademark applications and pay the associated fees 24/7. Please note: As of February 2020, TEAS is the only way to submit applications to the USPTO. Paper applications are no longer accepted.
Will the USPTO inform me or my attorney if someone is using my trademark?
No, the USPTO does not handle trademark policing or enforcement on your behalf. It’s up to you as the owner of the trademark to monitor the marketplace and bring a lawsuit against anyone who is infringing on your rights. Cohn Legal Group offers trademark monitoring services and will take appropriate legal action if they see anyone infringing on your trademark.
Will the USPTO refund my trademark application fee if my application is rejected?
No, the USPTO does not refund application fees. The fees you pay are considered to be processing fees and you are expected to pay them regardless of the outcome of your application.
Can I just register my logo if it contains the name of my business?
Some business owners do choose to register their logos only—especially if the logo contains the name of their business. However, that’s not a recommended practice because if you ever want to change your logo, then you run the risk of losing the trademark of your business or product name.
If you can, register the name of your business, product, and logo at the same time using separate applications. If you have to prioritize, then start with trademarking your business name.
Why Trademark Registration Matters for Des Moines Businesses
Entrepreneurs who are looking for a clean, safe, and diverse location for their new business ventures need to look no further than Des Moines, Iowa. Business owners in Des Moines know how much work goes into starting a new business. There’s product development, marketing, hiring staff, and so much more. However, business owners should also register their trademarks with the United States Patent and Trademark Office to ensure their brand is protected.
Imagine the following: Chip is a dog lover and has been developing an all-natural dog shampoo over the past 2 years and is finally ready to go to market. He’s calling his new product “Pup’s Suds.” He’s found a manufacturer who can make, bottle, and label his product on a large scale. Chip has a plan to sell his product in local pet stores and direct it to consumers across the country via his website.
A friend of Chip’s asked if he’s going to trademark the name of his product. Chip knows about trademark registration, but he doesn’t think it’s necessary right now.
A few months after going to market, Pup’s Suds is a hit. It’s selling well at the local pet stores and it’s selling even better online. He’s sent out hundreds of bottles to almost every state in the country.
Chip is thinking that he’ll have to increase production next month. Before he can do that, however, he gets some unsettling news in the form of a cease-and-desist letter. There’s a large pet supply company in New Jersey that makes a dog shampoo called Pups n’ Suds. They believe that the name of Chip’s product is too similar to theirs. Since the New Jersey company trademarked their name, they have every right to ask Chip to stop production, recall products on store shelves, and not resume his business until he rebrands.
If you’re starting a new business, make sure that trademark registration is at the top of your to-do list. That way, you know you can move forward with confidence.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.