Memphis, Tennessee Businesses Use Cohn Legal for Trademark Services
Based in New York, Cohn Legal, PLLC is committed to helping companies throughout the United States and around the globe protect their brand names and logos. Extensive experience in handling complex IP law has equipped our attorneys with the requisite knowledge and expertise to deliver work of truly extraordinary quality.
Top 8 Questions Memphis Businesses Have About Obtaining a Trademark
What is the role of the USPTO?
The United States Patent and Trademark Office, or USPTO, is the federal office responsible for examining trademark applications and maintaining records of trademarks. The USPTO is not responsible for enforcing trademark rights. It is the trademark owner’s responsibility to enforce their trademark rights.
What are the USPTO’s “Rules of Professional Conduct”?
All attorneys who practice before the USPTO must abide by the Rules of Professional Conduct. These rules are in place to ensure that any attorney representing you:
• Has the knowledge and skill to competently represent you.
• Consults with you about the status of your trademark matter.
• Does not make false statements of fact or law to the USPTO.
Make sure that the attorney you hire has experience prosecuting trademark applications at the USPTO.
How long does the trademark application process take?
Once you submit your trademark application, you’ll hear back from the USPTO within 3 to 6 months. If your registration is found to be eligible for registration, it may take several weeks before the trademark is registered. Assume that the entire process will take about 8 months if the trademark is approved.
If the trademark is found to be ineligible for registration, the process will take an additional number of months. It’s hard to say exactly how long since it depends on how complex it will be to resolve the issues which cause it to be rejected and how quickly you move to resolve them.
In any event, it’s critical to file the trademark application as soon as possible so as to obtain the earliest possible priority date.
What is a Trademark Opposition?
After a trademark is awarded preliminary approval from the USPTO, it is published to the Official Gazette for Opposition where competitors who believe their existing trademarks may be infringed upon by the new trademark can protest its registration. The idea here is that the USPTO may miss some reason for the intelligibility of the prospective trademark and trademark oppositions, which are filed in the Trademark Trial and Appeal Board (TTAB) provide existing trademark holders with the opportunity to stop Registration before it is too late.
When can i use the “Circle R” symbol next to my Trademark?
Ahhh the coveted Circle R. Until one actually receives an official registration from the USPTO, it is against federal law to use the Circle R symbol next to one’s mark. Instead, one should use the TM symbol.
Can I Trademark a Phrase?
Certainly. Consider for the moment the power of the Adidas slogan, “Impossible is Nothing”. It is powerful because it communicates an emotional message and makes people remember the Adidas brand. Use the power of slogan/phrase messaging to anchor a feeling to your company name and watch your business take off.
What is a merely descriptive trademark?
You may not be able to register your trademark because it is considered to be “merely descriptive” by the USPTO. That means your mark simply describes a function, feature, purpose, or characteristic of the product being manufactured.
For example, you wouldn’t be able to brand your new ice cream as “cold and sweet” as those are two words that describe the characteristics of any ice cream. All ice cream manufacturers should have access to these common words to describe ice cream.
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. The fees for registering your trademark can be anywhere from $225 to $400 depending on what type of application you submit. Consult a trademark attorney who can help you decide which application you should submit.
Why Trademark Registration Matters for Memphis Businesses
Tourists and locals alike flock to Memphis each year for good music to entertain their souls. They visit Graceland, hear live music on Beale Street, and see the legendary Sun Studios where blues and rock n’ roll legends recorded their first records. Let’s not forget Rock ‘n’ Soul Museum, Blues Hall of Fame Stax Museum.
With such a rich history, if you’re an entrepreneur looking to start a new venture in Memphis, then be sure to register your trademark as soon as possible. It can be tempting to put this step off until later, but that could be a mistake that you will live to regret.
Imagine the following: Stacey recently graduated from culinary school and has returned to her hometown of Memphis. She plans to pursue her dream of opening a food truck to serve tourists around Beale Street and the downtown area, some authentic Memphis barbecue.
Stacey comes up with the name Red Hot Blues Barbecue, creates a logo, prints menus, paints the food truck, and starts a social media ad campaign. Stacey knows about trademark registration, but she’s concerned about the amount of money she’s spent already. She makes the decision to register the trademark at a later date when she has more cash on hand.
What Stacey doesn’t realize, however, is that there’s a small company in Nashville that’s about to launch a new barbecue sauce called Red, Hot, & Blue Barbecue Sauce. The product isn’t on store shelves yet, but they did register the name of the product with the USPTO about 2 years ago.
The founders of a barbecue sauce company happen to be in Memphis one week and they see Stacey’s food truck. They think that the name of her truck is too similar to the name of their sauce and may cause confusion in the marketplace.
A few weeks later, Stacey receives a cease-and-desist letter in the mail, requesting that she stop operating her truck immediately and not resume operations until she renames her businesses. This would be a costly and time-consuming endeavor.
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 Memphis and yet it can assist businesses from Tennessee in registering a federal Trademark because trademarks are governed under federal law.