Miami, Florida Businesses Use Cohn Legal for Trademark Services
Serving Miami, Florida companies, Cohn Legal, PLLC is a boutique law firm that focuses on intellectual property protection for startups and entrepreneurs. Our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates. 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 Miami Businesses Have About Obtaining a Trademark
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. This office is responsible for maintaining records of existing and pending trademarks. Once you submit a trademark application, an examining attorney at the USPTO reviews trademark applications and makes decisions on whether or not they are eligible for registration. However, the USPTO does not enforce trademark rights. It is the responsibility of each trademark owner to protect their own trademarks.
Does hiring a trademark attorney increase my chances of getting my trademark application approved?
Hiring a trademark attorney will increase your chances of getting your trademark application approved. In fact, a study by the University of North Carolina found that trademark applications submitted with the assistance of an attorney were 50% more likely to be approved. This is because a trademark attorney will help you conduct a thorough trademark search and help ensure your application is complete and accurate before submission.
Will my trademark protect my brand in other countries?
Registering your trademark with the USPTO will only protect your trademark within the United States and its territories. If you do business outside the United States, either through online sales, manufacturing, or distribution, you should contact a trademark attorney who can help you protect your trademark in those countries as well.
How long does it take to register a trademark?
Once your application is submitted to the USPTO, it can take anywhere from 6 to 10 months to get your trademark approved. In some cases, it can take more than a year, especially if your initial application is rejected by the USPTO. That’s why it’s best to submit your application as soon as possible.
Should I wait until my business is up and running before registering my trademark?
There’s absolutely no need to wait until your business is up and running before you register your trademark. In fact, any experienced trademark attorney will advise you to register your trademark sooner rather than later. If you wait until your business is established to register your mark, you may find that you’re infringing on an existing trademark. That means you’ll find yourself spending time and money to rebrand your business, create new marketing collateral, update package designs, etc.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. TEAS is an online portal where you can submit your trademark application to the United States Patent and Trademark Office. You can also pay your application fees through TEAS.
What is a Trademark Office Action?
If your trademark application is not approved by the USPTO, then you’ll receive an Office Action, which lists the reasons that your trademark application was rejected. Your trademark could be rejected if it’s too similar to an existing trademark, you failed to provide an important piece of information on your application, or your specimen is not sufficient.
These are just a few examples of why you might receive an Office Action. The most important thing is to not ignore an Office Action. Contact a trademark attorney who can advise you on what to do next and draft a response to the USPTO, if needed.
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 becomes officially registered.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?
If you are a trademark applicant or registrant domiciled in the United States or its territories, you don’t need to be represented by an attorney. However, we strongly recommend that you do hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.
If you are a foreign-domiciled trademark applicant, registrant, or party to trademark Trial and Appeal Board proceedings, then you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
Why Trademark Registration Matters for Miami Businesses
Miami, Florida is a gorgeous city with lots of opportunities for entrepreneurs to thrive. When new business owners get an idea, they’re eager to get started with product development, marketing, and hiring staff. Some may try to save money by conducting a quick Google search to ensure their desired business name is available. This decision almost always winds up harming new business owners in the long run.
Imagine the following: Roger and Gene have decided to leave their current jobs working for a landscaping company and follow their dreams to start their own landscaping business. They keep the name of their business simple: Grass and Garden Landscaping. Dale searches for the name on the internet. There were no results in the Miami area, so the two friends assume it’s theirs to use. They order marketing materials, create a website, create business cards, and plaster their logo on the side of their work van.
Dale and Roger’s new business is going very well for the first few months. They are steadily gaining clients and the word is spreading. They’ve even hired 2 new crew members to keep up with the demand. Unfortunately, the friends receive a cease-and-desist letter in the mail about 12 months after launching their new business.
It turns out that there is a small chain of garden centers in Pennsylvania, Delaware, and New Jersey called Grass and Gardens Supply Co. The garden center trademarked the name about 12 years ago so they are well within their rights to ask Dale and Gene to stop using the name for their landscaping business.
Now, the two friends must halt their business and rebrand before opening up again. That’s a costly and time-consuming endeavor. Plus, competitors may swoop in and pick up the clients they’ve worked so hard to get.
The lesson here is, don’t put off trademark registration. Your brand is worth investing in right from the start.
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 Miami and yet it can assist businesses from Florida in registering a federal Trademark because trademarks are governed under federal law.