Las Vegas, Nevada 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 Las Vegas, Nevada, our trademark attorneys absolutely love helping companies protect their brand names and logos. While excellence in legal representation is a given, we take greater pride in our ability to forge lasting bonds with our clients.
Top 9 Questions Las Vegas Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a word, phrase, symbol, logo, or sound (or a combination of any of these) that identifies the source of a product or service and distinguishes it from competitors. For example, the iconic Nike swoosh design, and the phrase “Just Do It” are both trademarks owned by Nike to distinguish their products from other sneaker brands.
What is the USPTO?
The United States Patent and Trademark Office (USPTO) is the federal office that reviews trademark applications for eligibility and maintains records of existing and pending trademarks. Contrary to popular belief, they do not enforce trademark rights. It’s your responsibility as the owner of the trademark to monitor the market and protect your rights to your trademark.
Why should I hire a trademark attorney?
A U.S.-licensed trademark attorney can help you in many ways, which includes:
• Determining if your desired trademark is available for registration
• Preparing and filing a trademark application with the USPTO that is complete and accurately identifies your goods and services
• Selecting a specimen that shows how your trademark is used in commerce
• Responding to questions and refusals to register your trademark from a USPTO trademark examining attorney
• Helping you understand the scope of your trademark rights and the best ways to enforce them
• Defending against challenges brought by others against your trademark
• Preparing and filing documents to maintain your registration
Will my trademark protect my brand in other countries?
Your USPTO registered trademark will only protect your brand within the United States. If you do business outside the Unites States, then you should register your trademarks in those countries as well.
What is a trademark Office Action?
An Office Action is a response you will receive from the USPTO after your trademark application is reviewed by the examining attorney. An Office Action could simply ask for clarification about information in your application. An Office Action could also inform you that your trademark application was rejected and list the reasons why it was rejected.
Contact a trademark attorney as soon as possible if you receive an Office Action. Your attorney can advise you on what to do next and draft a response to the USPTO if needed.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This is online portal enables you to easily submit your trademark application to the United States Patent and Trademark Office and pay your application fees.
I searched for my desired mark using Google and found no matches. Does that mean I can register my trademark?
Google searches are not the best way to determine if your mark is available for use. A trademark attorney can help you conduct truly comprehensive searches and assist you when it’s time to complete the trademark registration application.
What is the Official Gazette?
The Official Gazette (OG) is a weekly publication put out by the USPTO. The OG includes information about trademarks that have been approved. Once a trademark is published in the OG, anyone can come forward within 30 days to oppose the trademark. If no one opposes the mark, then it is officially registered.
What is a specimen?
You will have to submit a specimen to the USPTO as part of your trademark registration application. A specimen is simply a sample of how you will use your trademark in commerce. It could be a product label, a website screenshot, a photo of your packaging, marketing materials that feature your logo, etc. Consult a trademark attorney if you are unsure about what you should submit to the USPTO as a specimen.
When can I use the ® symbol?
You can use the ® symbol with your trademark after it has been registered with the USPTO. Prior to registering your trademark, you can use the TM symbol. However, you should be aware that the TM symbol has very little legal significance. It just means that you consider yourself to have “common law” rights to your trademark. The ® symbol is much more meaningful from a legal standpoint.
Why Trademark Registration Matters for Las Vagas Businesses
Las Vegas is an excellent city if you’re looking to start a new business venture. The people of Las Vegas are naturally friendly and proud of their hometown’s history. Plus, the city attracts plenty of tourists who want to visit the great Mojave Desert, try their luck at one or more of the many casinos, or simply enjoy the hip nightlife.
If you’re looking to open a small business in Las Vegas, just be sure to first conduct a proper trademark search before moving ahead.
Imagine the following: Carson has been a bartender for years and has always dreamed of opening his own bar with a stage for musicians. He even has a name already picked out: The High Note Bar & Grill.
Carson decides it’s time to turn his dream into a reality. He purchases a bar in the Gulch area and starts renovating it. He also sets up a website, starts interviewing potential employees, and begins working on a marketing plan. Carson knows that trademark registration is another item on his to-do list, but he doesn’t have the time to make it a priority.
Carson opens the High Note and it’s an overnight success. He’s got bands booked for almost every night of the week for the next 8 weeks. Plus, he’s drawing a nice crowd, even on weekdays.
However, he’s about to get some bad news. He receives a cease-and-desist letter from a bar in New Mexico called High Notes Bar & Grill. It turns out that some of the regulars from the New Mexico bar visited Las Vegas, saw Carson’s Bar, and thought it was a second location for their favorite bar back home. The owner of the New Mexico bar doesn’t like that Carson’s Bar is causing confusion. Since they trademarked the name of their bar they have the right to demand that Carson close his bar and not reopen until he rebrands.
This is a major setback for Carson. It will cost him a great deal of time and money to rebrand his bar. Plus, he risks losing the loyal customer base he’s built up while he’s closed.
The lesson here is to make sure you always have a trademark attorney conduct a proper trademark search and registration as early in the process as possible. It’s the only way you can be sure that you can invest in your brand with confidence.
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 Las Vegas and yet it can assist businesses from Nevada in registering a federal Trademark because trademarks are governed under federal law.