Lawrence, Kansas Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a trademark law firm focused on providing entrepreneurs and startups in Lawrence, Kansas with exceptional legal advice and counsel about trademark law. The attorneys at Cohn Legal have the skills and experience to ensure your intellectual property rights are protected and enforced from day 1. Whether you’re just starting or have been in business for years, Cohn Legal is ready to help you.
Top 7 Questions Lawrence Businesses Have About Obtaining a Trademark
What is the Trademark Electronic Application System?
The Trademark Electronic Application System (TEAS) enables you to complete your trademark application online and pay the required fees. In addition, you can submit a change of address form, responses to office actions, and registration maintenance documents via TEAS.
Am I required to hire an attorney to help me register my trademark?
Whether or not you are required to hire an attorney depends on where you are domiciled.
If you are domiciled in a foreign country, then you must hire a U.S.-licensed attorney to represent you when registering your trademark.
If you are domiciled in the United States or its territories, then you don’t need to hire an attorney to represent you. You may handle the trademark registration process yourself. However, the USPTO strongly encourages everyone, regardless of where they are domiciled, to hire a U.S.-licensed attorney who specializes in trademark law to guide them through the trademark application process.
What can a trademark attorney help me with?
An attorney who is experienced in trademark law can help you:
- Determine if your trademark can be legally registered.
- Determine the appropriate filing basis for your trademark application.
- Prepare and file a complete and accurate trademark application.
- Select an appropriate specimen that shows the USPTO how your trademark is used in commerce.
- Respond to inquiries from the examining attorney at the USPTO about your application.
- Understand your trademark rights how to enforce them.
- Prepare and file registration maintenance documents with the USPTO.
What is an office action?
An office action is a letter sent by the USPTO to trademark applicants listing any legal issues with their chosen trademark or registration application. Trademark applicants must resolve all issues listed in the office action before the mark can be registered.
Generally speaking, the USPTO wants to receive writer responses to office actions within 6 months. If an applicant fails to respond to an office action in a timely fashion, then the USPTO considers the application to be abandoned.
What does it mean if my trademark application was denied by the USPTO for being “too descriptive”?
If the USPTO denies your trademark application on the grounds of descriptiveness, it means that your mark merely describes an aspect of your product.
For example, they wouldn’t allow you to trademark the word “salty” for a brand of pretzels, or “cold and sweet” for a brand of ice cream. All businesses that manufacture pretzels or ice cream should have access to those words to describe their products.
How long will it take to register my trademark?
It’s hard to pinpoint exactly how long it will take because every trademark application is different. In general, the entire process takes 12 to 18 months. Having a trademark attorney prepare and submit your application can help speed up the process because your attorney will ensure the application is accurate and complete.
Can I file a trademark application even if I am not yet using my trademark?
If you haven’t yet started using your trademark in the marketplace, then you can file a trademark application on an “intent to use” basis. That lets the USPTO know that you have a bona fide intention of using the mark in commerce in the near future. Once you do start using your mark in commerce, you’ll need to provide proof to the USPTO.
Why Trademark Registration Matters for Lawrence Businesses
Lawrence, Kansas is a lively town with plenty to see and do. In addition to two prestigious universities, you’ll find historic museums, art galleries, gorgeous vineyards, hip bars, and plenty of unique shopping and dining experiences. It’s no wonder that so many entrepreneurs are starting their new business ventures in Lawrence.
These new business owners are usually eager to get started with marketing, product development, and more, but they should remember to register their trademarks above all else.
Imagine the following: Rosa is a recent graduate of the University of Kansas and is getting ready to launch a new company that manufactures and sells tote bags made from recycled materials. She decides to call her new company Terra Totes.
Rosa knows that it’s important to trademark the name of her company, so before she does anything else, she contacts a trademark attorney and starts the trademark registration process. First, the attorney does a clearance search to ensure that Rosa could legally use her desired mark. Finding no other tote bag company with a similar mark, the trademark attorney proceeds with preparing and submitting a trademark application.
About 12 months later, Rosa’s trademark is approved by the USPTO and she starts selling her eco-friendly totes online. Within just a few months, Rosa has sold hundreds of her totes in almost every state in the country. One day, however, she sees something that causes her concern. It seems that there’s another company that sells tote bags and their brand name that’s very similar to the name of her company.
Rosa’s attorney sends a cease-and-desist letter to the company demanding that they immediately stop conducting business with their current trademark. The letter even threatens legal action if they don’t comply. A few days later, Rosa and her attorney see that the infringing company has disabled their website and is no longer making sales. If Rosa had not taken the step to register her trademark, then she wouldn’t have had much legal recourse to stop others from infringing on her mark.
When it comes to starting a new business, there’s a million things you need to take care of, but make sure that registering your trademark is at the top of your to-do list. It’s one of the most important things you can do to protect your brand and your business.
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 Lawrence and yet it can assist businesses from Kansas in registering a federal Trademark because trademarks are governed under federal law.