Lancaster, Pennsylvania 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. Serving clients in Lancaster, Pennsylvania, our trademark attorneys absolutely love helping companies protect their brand names and logos. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates.
Top 10 Questions Lancaster Businesses Have About Obtaining a Trademark
Can I trademark a logo?
Absolutely. Remember: a trademark is a brand identifier that enables a customer to identify the source company behind a product. When a consumer sees the Gucci logo on a pursue, the logo communicates to the consumer that this is a quality product made by the Gucci Corporation.
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. An examining attorney at the USPTO reviews trademark applications and makes decisions on whether or not they are eligible for registration.
The USPTO also maintains records of existing and pending trademarks. However, the USPTO does not enforce trademark rights. It is the responsibility of each trademark owner to protect their own trademarks.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This is basically an online portal where you can submit your trademark application to the United States Patent and Trademark Office. TEAS is easy to use and available 24/7. You can also pay your application fees through TEAS.
How can I conduct a Trademark Search for Free?
Remember, the essential purpose of a trademark search is to determine if your desired mark is available before you attempt to register it yourself. To determine availability, please check not only for “exact matches” of your mark but also consider whether there are any trademarks that are “sufficiently similar” to your trademark.
Does a Trademark Office Actions mean I can’t get a trademark registration on my mark?
The USPTO may issue an Office Action at some point during the trademark registration process. Remember, when you submit a trademark application, the trademark examiner reviewing your application asks himself, “is this trademark sufficiently unique given what’s being sold under the banner of the mark, and would its admission to the USPTO infringe on the rights of any existing trademark holders?”. Your trademark must be distinct given your products/services and it cannot infringe on the rights of existing trademark owners. If the trademark examiner is not satisfied that these conditions are met, your trademark will be rejected and you will need to provide a written response arguing why your trademark should be admitted. Similarly, if there are any “procedural defects” with your application (the type of business entity listed is incorrect, you mischaracterized your goods etc.”, you will need to fix these problems for the application to proceed. These issues are typically easily curable.
Does the United States Patent and Trademark Office (USPTO) ever return trademark application fees?
Unfortunately, it does not. Once you submit your trademark application, even if it is rejected by the USPTO, they will keep your application fees.
Will my U.S. trademark will protect my brand in other countries?
If registered with the USPTO, your trademark only protects your brand within the United States. If you want to protect your brand in foreign countries, then you need to apply for trademark registration within those countries. Please contact a trademark attorney for assistance with getting international trademark protection.
I searched for the trademark I want through Google. Is that good enough?
A simple Google search, will not be sufficient to determine whether the trademark you want is available for registration. Trademark attorneys have access to a more sophisticated search software that will reveal both exact and similar matches to your trademark.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication. It’s released every Tuesday and includes information about the latest trademarks that have been approved. Once a trademark is published in the Official Gazette, any individual has 30 days to come forward and oppose the trademark. If no one opposes the trademark, then it is officially registered.
How long does it take to register a trademark?
Once your application is submitted to the USPTO, it can take anywhere from 8 to 10 months to get your trademark approved. In some cases, the process can take more than a year.
There are certain circumstances in which the USPTO will allow the application process to be expedited. You can request an expedited application process in matters of litigation, when there’s the possibility of trademark infringement, or when there exists a need to get a U.S. trademark to obtain a registration in a foreign country.
If any of these scenarios apply to you then it’s best to consult with a trademark attorney who can advise you on what steps you should take to request expedited processing.
Why Trademark Registration Matters for Lancaster Businesses
Lancaster is one of the oldest inland towns in the USA. Recently seeing a resurgence in small business ownership in recent years. Tourists and permanent residents alike provide a steady customer base for businesses all over the city.
If you’re thinking of starting a venture in Lancaster, then the timing is right. Don’t forget to work with a trademark attorney to ensure that your intellectual property is registered with the USPTO.
Imagine the following: Charlie loves traditional Lancaster cooking and has dreams to open his own food truck. He decides that now is the time to put his plan into action. He buys and renovates a food truck and airbrushes the name of his new business, The Crawfish King, on the front and the sides.
In addition, he sets up a website, opens accounts on several social media sites, prints menus, and orders aprons with his logo on them. Charlie knows that trademark registration is important, but he decides there’s just too much on his plate right now. He’ll look into that once his truck is up and running
Charlie parks near Wheatland each day and eventually becomes one of the most popular food trucks in the area. Charlie is very excited about how good things are going. However, he’s about to get some unexpected news.
It turns out that there’s a business that has already registered the name The Crawfish King with the USPTO. They have yet to open their establishment, but they do own the trademark. Since they own the trademark, they are well within their rights to send a cease-and-desist letter to Charlie asking him to close his business and not reopen until he rebrands.
There’s no way Charlie would have known about this unless he conducted a proper trademark search with the help of a trademark attorney. The attorney would have been able to advise Charlie to choose another name for his business and he could have avoided this hassle.
Whether you’re just starting out or you’ve been in business for a while, the time to register your trademark is now.
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 Lancaster and yet it can assist businesses from Pennsylvania in registering a federal trademark because trademarks are governed under federal law.