Montgomery, Alabama Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm focused on providing clients in Montgomery, Alabama with top-notch legal counsel when it comes to their intellectual property rights. Our trademark attorneys love helping small businesses, startups, and entrepreneurs create and protect their brand names and logos. Whether you need us to handle trademark prosecutions, transactional work, or contract negotiations, we’re ready to assist you.
Top Questions Montgomery Businesses Have About Obtaining a Trademark
If I only provide my services in Montgomery, Alabama, can I still obtain a Federal Trademark?
This is an excellent question. Ultimately, to obtain a federal trademark, it must be used in “interstate-commerce” meaning that your services must be provided in at least two States. If you are presently only providing your services in CITY, STATE, we can simply file an Intent to Use application; The intent-to-use application allows the applicant to reserve the right to use the trademark once it is ready to be used in inter-state-commerce.
What is a trademark?
A trademark is a type of intellectual property that provides legal protection to a word, phrase, symbol, design, or combination thereof, used to identify and distinguish goods or services from those of others. Essentially, a trademark serves as a brand identifier, enabling consumers to associate specific qualities and characteristics with a particular company or product. It helps to build brand recognition, reputation, and consumer trust.
Trademarks can take various forms, such as brand names, logos, slogans, or even specific sounds or scents associated with a product or service. By obtaining trademark rights, individuals and businesses can prevent others from using similar marks in a way that may cause confusion among consumers.
In the United States, trademark rights are typically acquired through registration with the United States Patent and Trademark Office (USPTO). However, common law rights can also be established through consistent and continuous use of a mark in commerce, even without formal registration.
The primary purpose of a trademark is to distinguish and protect the source of goods or services. It allows consumers to make informed choices and helps businesses establish and maintain a unique brand identity in the marketplace. Trademark owners have the exclusive right to use their marks in connection with specific goods or services, and they can take legal action against anyone who infringes upon those rights.
It’s important to note that a trademark is different from other forms of intellectual property, such as patents or copyrights, which protect inventions or creative works, respectively. Trademarks specifically focus on brand identification and protection.
Is there a difference between a trademark and service mark?
Yes, there is a difference between a trademark and a service mark. While both serve the same fundamental purpose of identifying and distinguishing the source of goods or services, they are used in different contexts.
A trademark is used to identify and distinguish goods, which are tangible products that are manufactured, sold, or distributed in commerce. It can be a brand name, logo, or any other distinctive symbol associated with a particular product. For example, the Nike swoosh symbol or the Coca-Cola logo are trademarks that represent specific goods.
On the other hand, a service mark is used to identify and distinguish services, which are intangible activities performed by one party for the benefit of another. Service marks can be thought of as trademarks for services. Examples of service marks include the logos of professional firms, such as law firms or consulting companies, which provide services rather than physical products.
While the term “trademark” is often used generically to refer to both trademarks and service marks, the distinction is important for legal purposes. In the United States, both trademarks and service marks are registered and protected under the same laws and regulations, and the application process is similar. The main difference lies in the nature of the goods or services being identified.
It’s worth noting that some countries, like the United Kingdom, use the term “trademark” to encompass both goods and services. However, in the United States, the term “service mark” is specifically used to refer to marks that identify and distinguish services.
What’s the difference between the ® and TM symbols?
The ® symbol and the TM symbol serve different purposes and convey different meanings in relation to trademarks.
The ® symbol, commonly known as the registered trademark symbol, indicates that a trademark has been registered with the appropriate trademark office in the relevant jurisdiction. In the United States, it signifies that the mark has been registered with the United States Patent and Trademark Office (USPTO). The use of the ® symbol is reserved for marks that have undergone the registration process and have been granted legal protection. It serves as notice to the public that the mark is a registered trademark and that the owner has exclusive rights to use it in connection with the goods or services specified in the registration.
On the other hand, the TM symbol, short for trademark, is used to indicate that a word, phrase, logo, or other symbol is being used as a trademark or service mark, regardless of whether it is registered or not. It is a common practice to use the TM symbol to assert ownership and provide notice that the mark is being claimed as a trademark. The TM symbol does not require registration and can be used freely by individuals and businesses to identify their brands and products.
While the ® symbol signifies a registered trademark, the absence of the ® symbol does not necessarily mean that a mark is not protected. In some cases, trademarks may be protected under common law rights or may be in the process of registration. However, it is generally advisable to use the ® symbol only for marks that have been officially registered to avoid misleading the public.
It’s important to note that the use of the ® symbol without proper registration is misleading and can result in legal consequences. Unauthorized use of the ® symbol is a violation of trademark laws and may lead to loss of legal protection for the mark.
In summary, the ® symbol indicates a registered trademark, while the TM symbol is used to indicate that a mark is being used as a trademark, regardless of registration status.
How can I determine if a trademark is available?
Determining the availability of a trademark involves conducting a comprehensive trademark search. The purpose of this search is to assess whether a similar or identical mark is already registered or being used in connection with similar goods or services. Here are some steps you can take to determine the availability of a trademark:
- Preliminary Search: Start with a preliminary search on the internet and popular search engines to identify any obvious conflicts. Look for similar marks or businesses operating in the same industry. While this step is helpful, it is not exhaustive and should be followed by more comprehensive searches.
- Trademark Databases: Check the official trademark databases maintained by the relevant trademark office in your jurisdiction. In the United States, you can use the USPTO’s Trademark Electronic Search System (TESS) to search for registered trademarks and pending applications. Similar databases exist in other countries as well.
- Professional Trademark Search: Consider hiring a professional trademark search firm or a trademark attorney. These professionals have access to comprehensive databases and specialized search tools that can uncover potential conflicts more effectively. They can also provide expert advice on the registrability of your desired mark.
- Clearance Search: Conduct a clearance search to identify unregistered common law trademarks. This involves searching business directories, industry-specific publications, trade names, and other sources to uncover any unregistered marks that may conflict with your proposed mark.
- Domain Name Search: Check the availability of domain names that correspond to your desired mark. This can be done through domain name registrars or online search tools. Securing a corresponding domain name is often important for brand consistency and online presence.
- International Considerations: If you plan to expand your business internationally, it is crucial to conduct trademark searches in the relevant jurisdictions to ensure the mark is available in those countries as well.
It’s important to note that while thorough trademark searches are essential, they do not guarantee absolute certainty. Trademark conflicts can arise even if a mark appears available. Consulting with a trademark attorney is highly recommended to assess the search results and obtain professional guidance on the registrability and potential risks associated with your desired mark.
Do I need to conduct a trademark search before filing an application?
There’s no legal requirement or law that says you must conduct a trademark search prior to submitting your trademark application to the USPTO. However, it’s definitely in your best interest to conduct a search.
A thorough trademark search will reveal existing trademarks that may be sufficiently similar to yours and would cause the USPTO to reject your application. Finding out that there’s a mark already out there that’s similar to the one you want can be frustrating. However, it’s better to find this out before you submit your trademark application and pay the associated fees.
Do I need to register my trademark before selling my products or services?
There’s no law or mandate that says you must register your trademark before you start selling your products. However, it’s recommended that you do pursue trademark registration before bringing your products or services to market.
Conducting business without registering your trademarks first will leave you unprotected. A competitor may decide to use your trademark or even register it with the USPTO for themselves. If you’re serious about the success of your business, then you should make trademark registration a priority.
Do I need to sell a product or service to obtain a registered trademark?
No, you do not necessarily need to sell a product or service to obtain a registered trademark. In many jurisdictions, including the United States, the primary requirement for obtaining a registered trademark is the intent to use the mark in commerce.
Intent-to-use applications allow individuals and businesses to secure trademark rights for a mark they have a bona fide intention to use in the future. This means that you can apply for a trademark registration even before you have commenced commercial activities or made actual sales. However, it’s important to note that you must have a genuine intention to use the mark in connection with the specified goods or services.
The intent-to-use application process typically involves filing an application with the relevant trademark office, providing a description of the goods or services for which the mark will be used, and declaring your bona fide intention to use the mark in commerce. Once the application is approved, you will receive a Notice of Allowance, after which you will need to submit evidence of actual use of the mark within a specified period of time, usually six months to three years, depending on the jurisdiction.
It’s worth mentioning that simply filing an intent-to-use application does not provide immediate trademark protection. The registration will only be granted once you can demonstrate actual use of the mark in commerce and meet all the requirements of the trademark office.
Therefore, even if you are in the planning stages of your business or have not yet started offering products or services, you can still pursue trademark protection by filing an intent-to-use application, provided you have a genuine intention to use the mark in connection with the specified goods or services. This allows you to secure your rights to the mark while you prepare for the launch of your business or product.
If I only provide my services locally, can I still obtain a federal trademark?
Yes, you can obtain a federal trademark in the United States even if you provide your services only locally. The scope of your trademark protection is not limited to your geographic location or the extent of your business operations.
When you apply for a federal trademark registration with the United States Patent and Trademark Office (USPTO), you are seeking nationwide protection for your mark, regardless of whether your services are limited to a specific geographic area. The USPTO does not restrict trademark registration based on the geographical reach of your business.
Obtaining a federal trademark registration provides several benefits, even if you primarily operate locally. These benefits include:
- Exclusive Rights: A federal trademark registration grants you exclusive rights to use the mark in connection with the specified goods or services throughout the entire United States. This means that you have the legal authority to prevent others from using a similar mark, even in different geographic areas.
- Expanding Business: If you plan to expand your services beyond your local area in the future, having a federal trademark registration provides a solid foundation for nationwide brand protection. It allows you to establish and protect your brand in other regions without the need to reapply for trademark registration.
- Online Presence: In the digital age, a strong online presence is crucial, even for local businesses. A federal trademark registration gives you the ability to enforce your rights against potential infringers operating on a national or online platform, regardless of their location.
- Licensing and Franchising: If you decide to license your brand or enter into franchise agreements, having a federally registered trademark strengthens your position. It provides credibility and enhances the value of your brand, facilitating potential business opportunities.
- Enforcement: A federal trademark registration provides a stronger basis for enforcing your rights and taking legal action against infringers. It allows you to seek remedies, such as damages and injunctive relief, in federal court.
Therefore, even if your services are primarily limited to a specific local area, obtaining a federal trademark registration offers valuable benefits and safeguards your brand rights on a broader scale. It is advisable to consult with a trademark attorney to guide you through the registration process and ensure the best protection for your mark.
What should I register first: the name of my business or my brand logo?
When deciding what to register first, whether it’s the name of your business or your brand logo, it is generally recommended to prioritize the registration of your business name. The reason for this is that the name of your business serves as the primary identifier of your company, and it often carries more significance and recognition than just the logo alone.
By registering your business name as a trademark, you establish exclusive rights to use that name in connection with the goods or services you provide. This provides protection against others using a similar name that may cause confusion among consumers and dilute the distinctiveness of your brand.
Once you have secured trademark protection for your business name, you can then consider registering your brand logo as a separate trademark. Registering your logo as a trademark provides additional protection for the visual representation of your brand and enhances your overall brand identity.
It’s important to note that registering your business name does not automatically protect your brand logo, and vice versa. Each element (name and logo) should be evaluated separately for trademark protection and may require individual applications with the appropriate trademark office.
However, in some cases, it may be advantageous to file a combined trademark application that covers both the name and logo together, especially if the name and logo are inseparable and used together as a distinctive unit in identifying your products or services. This approach simplifies the registration process and ensures that the name and logo are considered together as a single trademark.
Ultimately, the decision of what to register first depends on your specific circumstances, branding strategy, and the importance of each element in your overall brand identity. Consulting with a trademark attorney can provide valuable guidance to help you determine the best course of action and ensure comprehensive protection for your brand.
What is a fanciful trademark?
A fanciful trademark, also known as a coined trademark, is a type of trademark that consists of a completely made-up or invented word or phrase. Fanciful trademarks have no inherent meaning in any language and are created solely for the purpose of serving as a distinctive brand identifier.
Fanciful trademarks are considered to be the strongest and most distinctive type of trademarks because they are inherently unique and have a high level of inherent distinctiveness. Since these marks are created words or phrases, they are unlikely to be used by competitors or have any descriptive or generic meaning associated with them.
Examples of fanciful trademarks include well-known brands such as Xerox, Kodak, and Exxon. These words were specifically coined and had no prior meaning before being adopted as trademarks. Over time, through extensive use and marketing efforts, these trademarks have become strongly associated with the respective companies and their products or services.
The main advantage of using fanciful trademarks is that they offer a high degree of protection and exclusivity. Since the words or phrases are invented, it is less likely for other businesses to accidentally use or infringe upon them. Fanciful trademarks are considered inherently distinctive, meaning they can be immediately protected without requiring evidence of acquired distinctiveness through use.
However, one potential challenge with fanciful trademarks is that they may require more effort and resources to build brand recognition and consumer awareness. Since these marks have no existing meaning or association, businesses need to invest in marketing and advertising to establish a connection between the mark and their products or services.
When choosing a fanciful trademark, it is important to consider factors such as its distinctiveness, memorability, and potential for creating a positive brand image. Conducting a comprehensive trademark search is crucial to ensure that the proposed fanciful mark is not already in use or too similar to existing trademarks.
Overall, fanciful trademarks offer strong protection and unique branding opportunities for businesses willing to invest in building brand recognition and consumer association with the invented mark. Consulting with a trademark attorney can help ensure the viability and protectability of a fanciful mark for your specific business needs.
What is TEAS?
TEAS stands for the Trademark Electronic Application System, which is an online platform provided by the United States Patent and Trademark Office (USPTO) for filing trademark applications. TEAS allows applicants to submit their trademark applications electronically, providing a convenient and efficient way to initiate the registration process.
The TEAS system offers different types of application forms, depending on the nature of the trademark being registered and the filing requirements. The main types of TEAS forms are:
- TEAS Plus: This is the most cost-effective option for applicants who meet certain specific requirements. To use TEAS Plus, the applicant must provide all the required information and meet strict filing requirements, including selecting goods or services from pre-approved USPTO lists and agreeing to file all subsequent documents electronically. TEAS Plus has a lower filing fee compared to other forms but requires a higher level of accuracy and compliance.
- TEAS RF: TEAS Reduced Fee (RF) is an option that provides a slightly reduced filing fee compared to the regular TEAS form. It allows more flexibility in selecting goods or services and provides the option to file subsequent documents on paper or electronically.
- TEAS Regular: This is the standard TEAS form, which provides flexibility in selecting goods or services and allows the filing of subsequent documents on paper or electronically. The filing fee for TEAS Regular is higher compared to TEAS Plus and TEAS RF.
The TEAS system guides applicants through the trademark application process, allowing them to enter all the necessary information, including the applicant’s details, a description of the mark, and the goods or services associated with the mark. Applicants can also submit supporting documents, such as specimens showing the mark in use.
Using the TEAS system offers several advantages, including faster processing times, immediate filing date confirmation, online payment options, and the ability to track the status of the application. It streamlines the application process, reduces paperwork, and provides a secure and efficient way to apply for trademark registration with the USPTO.
It’s important to note that while TEAS provides a convenient way to file trademark applications, it is still advisable to seek the assistance of a trademark attorney to ensure the accuracy and completeness of the application and to navigate any complexities that may arise during the registration process.
How long does the trademark application process take?
The duration of the trademark application process can vary depending on several factors, including the jurisdiction in which you are seeking registration and the specifics of your application. Here is a general overview of the timeline for the trademark application process in the United States:
- Application Filing: Once you submit your trademark application through the United States Patent and Trademark Office (USPTO), you will receive an acknowledgment receipt. This typically occurs within 24-48 hours of filing.
- Initial Review: The USPTO will conduct an initial review of your application to ensure it meets the minimum filing requirements. This review typically takes several weeks to a few months.
- Assigned to an Examining Attorney: If your application passes the initial review, it will be assigned to an Examining Attorney at the USPTO. The assigned attorney will thoroughly review your application to determine if it complies with all legal requirements and does not conflict with any existing marks. This examination process can take several months to a year, depending on the workload of the USPTO and the complexity of your application.
- Office Actions: If the Examining Attorney finds any issues or conflicts with your application, they may issue an Office Action, which is a formal correspondence outlining the reasons for refusal or requesting additional information. You will have a specific period, typically six months, to respond to the Office Action. If you don’t respond within the given timeframe, your application may be considered abandoned.
- Publication for Opposition: If your application is approved by the Examining Attorney or if you successfully overcome any refusals, your trademark will be published for opposition in the Official Gazette. This publication period allows third parties to oppose your application if they believe it may cause confusion with their existing trademarks. The opposition period is 30 days, but it can be extended if an opposition is filed.
- Registration: If no opposition is filed during the opposition period, or if an opposition is resolved in your favor, your trademark will proceed to registration. At this stage, you will need to pay the required registration fee. The USPTO will then issue a Certificate of Registration, finalizing the registration process.
Overall, the entire trademark application process, from filing to registration, can take approximately 9 months to over a year, or even longer in some cases. The timeframe can be influenced by various factors, including the complexity of your application, the workload of the USPTO, any refusals or objections raised during examination, and potential opposition proceedings.
It’s important to note that the timeline provided is a general estimate and can vary depending on the specifics of your application and the circumstances of your case. Working with a trademark attorney can help you navigate the application process efficiently and increase your chances of a successful registration.
How long does a trademark last?
A trademark can last indefinitely as long as it continues to be used in commerce and the necessary maintenance requirements are fulfilled. Unlike certain forms of intellectual property, such as patents or copyrights, which have finite durations, trademarks can potentially provide perpetual protection for your brand.
In the United States, a registered trademark can be maintained indefinitely as long as certain requirements are met. Once a trademark is registered with the United States Patent and Trademark Office (USPTO), the initial registration is valid for 10 years. However, to keep the registration active, additional filings and fees must be submitted.
Between the fifth and sixth year after the registration date, a Declaration of Use and a specimen showing the continued use of the mark must be filed with the USPTO, along with the appropriate fee. Failure to file these documents may result in the cancellation of the trademark registration.
Additionally, after the initial 10-year period, the registration must be renewed every 10 years to maintain trademark protection. Similar requirements apply, including the submission of a Declaration of Use, a specimen, and the payment of renewal fees.
It’s important to stay vigilant about the maintenance requirements for your registered trademark to ensure that it remains in force. Regular monitoring and record-keeping of important dates, such as renewal deadlines, are essential to maintain the protection and enforceability of your trademark.
If you continue to use your trademark consistently and fulfill the necessary maintenance obligations, there is no inherent limit to the duration of trademark protection. Many well-known brands have enjoyed trademark rights for decades, and some have been in existence for over a century.
However, it’s crucial to note that trademark rights can be lost if the mark falls into generic use, is abandoned, or is not actively used in commerce. It’s important to actively use and enforce your trademark to retain its strength and distinctiveness in the marketplace.
To ensure proper maintenance and protection of your trademark, it is advisable to consult with a trademark attorney who can guide you through the renewal process and help you navigate any potential challenges that may arise.
Can I use a trademark without registering it?
Yes, you can use a trademark without registering it. Trademark rights can be acquired through actual use of the mark in commerce, even without formal registration. This is known as common law trademark rights.
Under common law, the rights to a trademark are established based on the first use of the mark in connection with specific goods or services in a particular geographic area. Common law trademark rights arise automatically upon use and do not require a formal registration process. However, common law rights are limited in scope and protection compared to registered trademarks.
Using a trademark without registration provides some level of protection within the geographic area where the mark is used and where consumers associate the mark with your goods or services. It allows you to prevent others in that area from using a confusingly similar mark that may infringe upon your rights.
However, relying solely on common law rights can have limitations and drawbacks. Some of the challenges associated with using an unregistered trademark include:
- Limited Geographic Scope: Common law rights are generally limited to the specific geographic area where the mark is being used. This means that others outside that area may use a similar mark without infringing on your common law rights.
- Difficulty in Enforcement: Without a registered trademark, enforcing your rights against infringers can be more challenging and costly. Registering a trademark provides a stronger legal foundation and allows for easier enforcement actions, including potential litigation.
- Weaker Protection: Common law rights may be weaker compared to registered trademarks, as they do not carry the same level of presumption of validity and exclusive rights. Registered trademarks provide nationwide protection and offer a broader scope of protection against potential infringers.
- Difficulty in Expanding: If you plan to expand your business beyond your local area, relying solely on common law rights can create obstacles. A registered trademark provides stronger protection and recognition when entering new markets or expanding your brand presence.
While using an unregistered trademark is possible, registering your trademark with the appropriate trademark office, such as the United States Patent and Trademark Office (USPTO), offers numerous benefits, including nationwide protection, a presumption of ownership, and enhanced enforcement capabilities. It is advisable to consult with a trademark attorney to assess the best course of action for protecting your mark and ensuring comprehensive brand protection.
When should I hire a trademark lawyer?
Hiring a trademark lawyer is highly recommended at various stages of the trademark process to ensure the best possible protection for your brand and to navigate the complexities of trademark law. Here are some situations where it is advisable to seek the assistance of a trademark lawyer:
- Trademark Search and Clearance: Conducting a comprehensive trademark search is crucial to assess the availability of your desired mark and to avoid potential conflicts with existing trademarks. A trademark lawyer can help you perform a thorough search and analyze the results to determine the viability of your mark. They have access to specialized databases and expertise in evaluating search results, minimizing the risk of selecting a mark that may infringe upon others.
- Trademark Application Preparation: Filing a trademark application requires attention to detail and adherence to legal requirements. A trademark lawyer can assist in preparing and filing the application, ensuring that it is accurate, complete, and properly drafted. They can guide you in selecting the appropriate goods and services classifications, crafting a strong description of your mark, and navigating any potential issues that may arise during the application process.
- Office Actions and Responses: If you receive an Office Action from the trademark office, which is a formal correspondence outlining issues or refusals with your application, a trademark lawyer can provide valuable guidance in formulating a strong response. They can help address the concerns raised by the Examining Attorney and increase your chances of overcoming refusals or objections.
- Trademark Oppositions: If a third party opposes your trademark application during the publication period, a trademark lawyer can assist in preparing a strong defense. They can analyze the opposition, craft a persuasive response, and represent your interests throughout the opposition proceedings.
- Trademark Infringement and Enforcement: If you believe someone is infringing upon your trademark rights or if you receive a cease and desist letter alleging infringement, a trademark lawyer can provide counsel on the appropriate course of action. They can assess the strength of your trademark rights, help initiate enforcement actions, negotiate settlements, and represent you in legal proceedings, if necessary.
- Trademark Portfolio Management: If you have a growing portfolio of trademarks or if you operate in multiple jurisdictions, a trademark lawyer can assist in managing and maintaining your portfolio effectively. They can provide guidance on renewal requirements, monitor for potential infringements, and advise on international trademark strategies.
A trademark lawyer has the expertise and knowledge to navigate the intricacies of trademark law, ensuring that your rights are protected and that you have the best chance of successfully obtaining and maintaining your trademark registration. They can offer personalized advice, handle legal complexities on your behalf, and provide guidance that aligns with your business goals and brand protection needs.
When should I hire a trademark lawyer?
Hiring a trademark lawyer is highly recommended at various stages of the trademark process to ensure the best possible protection for your brand and to navigate the complexities of trademark law. Here are some situations where it is advisable to seek the assistance of a trademark lawyer:
- Trademark Search and Clearance: Conducting a comprehensive trademark search is crucial to assess the availability of your desired mark and to avoid potential conflicts with existing trademarks. A trademark lawyer can help you perform a thorough search and analyze the results to determine the viability of your mark. They have access to specialized databases and expertise in evaluating search results, minimizing the risk of selecting a mark that may infringe upon others.
- Trademark Application Preparation: Filing a trademark application requires attention to detail and adherence to legal requirements. A trademark lawyer can assist in preparing and filing the application, ensuring that it is accurate, complete, and properly drafted. They can guide you in selecting the appropriate goods and services classifications, crafting a strong description of your mark, and navigating any potential issues that may arise during the application process.
- Office Actions and Responses: If you receive an Office Action from the trademark office, which is a formal correspondence outlining issues or refusals with your application, a trademark lawyer can provide valuable guidance in formulating a strong response. They can help address the concerns raised by the Examining Attorney and increase your chances of overcoming refusals or objections.
- Trademark Oppositions: If a third party opposes your trademark application during the publication period, a trademark lawyer can assist in preparing a strong defense. They can analyze the opposition, craft a persuasive response, and represent your interests throughout the opposition proceedings.
- Trademark Infringement and Enforcement: If you believe someone is infringing upon your trademark rights or if you receive a cease and desist letter alleging infringement, a trademark lawyer can provide counsel on the appropriate course of action. They can assess the strength of your trademark rights, help initiate enforcement actions, negotiate settlements, and represent you in legal proceedings, if necessary.
- Trademark Portfolio Management: If you have a growing portfolio of trademarks or if you operate in multiple jurisdictions, a trademark lawyer can assist in managing and maintaining your portfolio effectively. They can provide guidance on renewal requirements, monitor for potential infringements, and advise on international trademark strategies.
A trademark lawyer has the expertise and knowledge to navigate the intricacies of trademark law, ensuring that your rights are protected and that you have the best chance of successfully obtaining and maintaining your trademark registration. They can offer personalized advice, handle legal complexities on your behalf, and provide guidance that aligns with your business goals and brand protection needs.
What is a trademark’s specimen?
A trademark specimen is a tangible example or evidence that demonstrates how your mark is used in commerce to identify and distinguish your goods or services. It is an essential component of the trademark application process, particularly for demonstrating the actual use of the mark.
The purpose of submitting a specimen is to show the trademark office how your mark is being used in connection with the goods or services specified in your application. The specimen serves as proof that you are actively using the mark to distinguish your products or services in the marketplace.
The type of specimen required depends on whether your mark is associated with goods or services:
- Specimen for Goods: If your mark is used to identify and distinguish tangible goods, an acceptable specimen may include labels, tags, packaging, product displays, or photographs that clearly show the mark as it appears on the actual goods. The specimen should demonstrate the mark’s use in a manner that consumers would encounter when purchasing or encountering the goods in the marketplace.
- Specimen for Services: If your mark is used to identify and distinguish services, an acceptable specimen may include advertising materials, brochures, website printouts, screenshots, or photographs that show the mark in connection with the provision of the services. The specimen should demonstrate the mark’s use in a way that consumers would encounter when receiving or learning about the services.
The specimen should display the mark in a manner that is consistent with how it was represented in your trademark application. It should accurately depict the mark’s appearance, including any stylization, color, or design elements. The specimen should clearly show the mark in a manner that allows consumers to associate it with your goods or services.
It’s important to note that the USPTO has specific requirements for acceptable specimens, and failure to submit a proper specimen may result in a refusal or delay in the application process. Therefore, it is advisable to consult with a trademark attorney to ensure that your specimen meets the necessary requirements and effectively supports your trademark application.
Why am I being asked to provide a specimen?
You will be asked to submit a specimen as part of your trademark application. A specimen is an example of how you will be using your trademark. A specimen may be a picture of a product label, your product packaging, or a tag which clearly displays the trademark. If you are selling a service, acceptable specimens include flyers, print advertisements, or website screenshots.
If you are unsure of what to submit as a specimen, then speak to a trademark attorney.
Can I request an expedited approval of my trademark registration?
Yes, it is possible to request an expedited review of your trademark registration under certain circumstances. The United States Patent and Trademark Office (USPTO) offers an expedited examination process called the “TEAS Plus” system, which allows for quicker processing of applications that meet specific requirements.
TEAS Plus is a streamlined filing option that requires applicants to meet certain strict criteria. If you choose the TEAS Plus option, your application must comply with all the specified filing requirements, including selecting goods or services from pre-approved USPTO lists and agreeing to file all subsequent documents electronically. By meeting these requirements, you can expedite the examination process and potentially receive a faster decision from the USPTO.
Apart from the TEAS Plus option, the USPTO also offers a program called the “Accelerated Examination Program,” which allows for expedited processing of trademark applications in exchange for an additional fee. This program requires the applicant to provide a more extensive examination support document, demonstrating why the mark is entitled to accelerated processing. The USPTO reviews the submission and makes a determination on whether to grant expedited examination.
It’s important to note that expedited processing does not guarantee approval or a quicker registration. The examination process still requires careful evaluation by an Examining Attorney to ensure compliance with all legal requirements. The expedited process primarily expedites the initial review and examination stages, but subsequent stages, such as publication for opposition and registration, follow the regular timeline.
Additionally, it’s worth mentioning that expedited processing options may not be available or may have different requirements in other jurisdictions. If you are seeking trademark protection outside of the United States, it is advisable to consult the specific requirements and procedures of the respective trademark office.
To determine whether requesting expedited processing is appropriate for your situation, consulting with a trademark attorney can provide valuable guidance. They can assess the specifics of your application, help you understand the available options, and recommend the best course of action to achieve your desired trademark registration timeline.
Can I trademark a phrase?
Yes, it is possible to trademark a phrase under certain conditions. In order to obtain a trademark registration for a phrase, it must meet the requirements for trademark protection, including distinctiveness and the ability to identify and distinguish your goods or services from those of others.
To be eligible for trademark protection, a phrase should have distinctive qualities that set it apart from common, everyday expressions. The more unique and distinctive the phrase, the stronger the potential for trademark protection.
There are different categories of phrases that can be considered for trademark registration:
- Slogan or Tagline: A distinctive slogan or tagline that is associated with your brand and used consistently in connection with your goods or services can potentially be registered as a trademark. Examples include Nike’s “Just Do It” or McDonald’s “I’m Lovin’ It.”
- Advertising Phrases: Catchphrases or advertising phrases that have gained public recognition and are strongly associated with your brand may be eligible for trademark protection. These phrases should go beyond mere promotional statements and have acquired a distinctive character.
- Product or Service Descriptions: Certain phrases that describe the nature, quality, or characteristics of your products or services in a distinctive way can potentially be registered as trademarks. These phrases should not be generic or commonly used within your industry.
It’s important to conduct a comprehensive trademark search to ensure that the phrase you wish to trademark is not already registered or being used by others in a similar context. A trademark attorney can assist you in conducting the search and assessing the viability of registering your phrase as a trademark.
Additionally, keep in mind that trademarks are specific to the class of goods or services for which they are registered. Therefore, if your phrase is associated with a particular product or service, the trademark protection will be limited to that specific class.
Registering a phrase as a trademark provides you with exclusive rights to use and protect that phrase in connection with your goods or services. It allows you to prevent others from using a similar phrase that may cause confusion among consumers.
Consulting with a trademark attorney is highly recommended to guide you through the application process, ensure the distinctiveness and registrability of your phrase, and maximize the protection of your trademark rights.
Can I trademark a logo?
Yes, you can trademark a logo. In fact, logos are one of the most common types of trademarks that are registered with the United States Patent and Trademark Office (USPTO) and other trademark offices worldwide. Registering a logo as a trademark provides protection for its use in connection with your goods or services and helps establish your brand identity.
To be eligible for trademark protection, a logo should meet the requirements for trademark registration, including distinctiveness and the ability to identify and distinguish your goods or services from those of others.
Here are some key considerations when seeking trademark registration for a logo:
- Distinctiveness: Your logo should have distinctive qualities that set it apart from common or generic designs. The more unique, creative, and original your logo is, the stronger its potential for trademark protection. Logos that are purely functional or merely descriptive may face challenges in obtaining trademark registration.
- Use in Commerce: To register a logo as a trademark, you must demonstrate its actual use in commerce or provide a bona fide intent to use the logo in connection with specific goods or services. This means that the logo should be associated with the branding and promotion of your products or services.
- Representation: Your logo should be represented in a clear and consistent manner on your trademark application. This includes providing a high-quality image or representation of the logo that accurately depicts its design elements, colors, and distinctive features.
- Classes of Goods or Services: When applying for trademark registration, you must specify the classes of goods or services that your logo will be associated with. This helps determine the scope of protection for your logo. It’s important to choose the appropriate classes that align with your business activities.
Registering your logo as a trademark provides several benefits, including exclusive rights to use the logo in connection with the specified goods or services, a legal presumption of ownership, and the ability to enforce your rights against potential infringers. It also helps establish your brand identity and can enhance the value and recognition of your business.
It’s advisable to work with a trademark attorney throughout the registration process to ensure the distinctiveness and protectability of your logo, conduct a comprehensive trademark search, and guide you through the application process to maximize the chances of a successful trademark registration.
Can I trademark a color?
Yes, it is possible to trademark a color under certain circumstances, although obtaining a trademark for a color is generally more challenging than for other types of trademarks. To successfully register a color as a trademark, you must demonstrate that the color has acquired distinctiveness and functions as a source identifier for your goods or services.
Here are some considerations when seeking to trademark a color:
- Distinctiveness: To be eligible for trademark protection, a color must be inherently distinctive or have acquired distinctiveness through extensive use in commerce. Inherently distinctive colors, such as unique and unusual colors that are not commonly associated with a particular product or industry, have a higher chance of being granted trademark registration.
- Secondary Meaning: A color can acquire distinctiveness or secondary meaning when consumers associate that color with a specific brand or source of goods or services. This requires evidence of long-term and exclusive use of the color in connection with your products or services, along with consumer recognition and association of the color with your brand.
- Functionality: Colors that serve a functional purpose, such as indicating a product’s nature or quality, are generally not eligible for trademark protection. Trademarks are intended to protect source identification, not functional features of products or services.
- Trade Dress: In some cases, a color may be part of a larger trade dress, which includes the overall visual appearance of a product or its packaging. Trade dress protection can extend to color combinations, patterns, or designs, as long as they serve as distinctive identifiers of the source of the goods or services.
It’s important to note that the bar for obtaining a color trademark is high, and the USPTO and other trademark offices apply rigorous scrutiny to color trademark applications. Successful color trademarks are often associated with significant investment in advertising, promotion, and establishing consumer recognition.
If you believe your use of a specific color meets the necessary criteria for trademark protection, it is advisable to consult with a trademark attorney. They can assess the distinctiveness and protectability of the color, guide you through the application process, and help gather the required evidence to support your claim of acquired distinctiveness.
Please note that the specific requirements for registering a color trademark may vary among different jurisdictions, and it is essential to consult the trademark laws and regulations of the relevant country or region.
Can I transfer my trademark to someone else?
Yes, it is possible to transfer or assign your trademark to someone else. The transfer of trademark rights allows the ownership and control of the mark to be transferred from one party to another. This can occur through an assignment, which is a legal process that transfers the rights and ownership of the trademark.
Here are some important points to consider when transferring your trademark:
- Assignment Agreement: The transfer of a trademark typically requires a written assignment agreement between the current owner (assignor) and the new owner (assignee). This agreement outlines the terms of the transfer, including the rights being assigned, the consideration (payment) for the transfer, and any other relevant provisions.
- Recorded with the Trademark Office: To ensure the transfer is legally effective and publicly recognized, it is advisable to record the assignment with the appropriate trademark office. Recording the assignment establishes a clear chain of title and provides notice to the public that the trademark rights have been transferred.
- Goodwill and Associated Rights: In a trademark assignment, the transfer of the mark generally includes the associated goodwill, which represents the reputation and recognition of the mark in the marketplace. It is important to clearly specify the scope of the assignment, including any limitations on the goods, services, or geographic areas covered by the mark.
- Non-Exclusive Licenses: If you intend to retain some rights to use the mark, you may consider granting a non-exclusive license to the assignee instead of a complete transfer. This allows you to maintain certain rights while granting the assignee the ability to use the mark.
- International Considerations: If your trademark is registered in multiple countries, the assignment process may vary depending on the jurisdiction. It is important to consult with a trademark attorney or expert in the relevant jurisdictions to ensure compliance with local laws and procedures.
It is recommended to consult with a trademark attorney to navigate the assignment process and ensure that all legal requirements are met. They can draft or review the assignment agreement, guide you through the recording process, and ensure that the transfer is conducted smoothly and in accordance with applicable laws.
Please note that this response provides a general overview of trademark assignment. The specific requirements and procedures for transferring a trademark may vary depending on the jurisdiction and the individual circumstances of the transfer.
Can I license my trademark to others?
Yes, you can license your trademark to others, granting them the right to use your trademark in connection with their goods or services. Licensing allows you, as the trademark owner (licensor), to generate revenue, expand your brand presence, and leverage the value of your trademark without losing ownership.
Here are some important considerations when licensing your trademark:
- Licensing Agreement: A trademark license is typically governed by a written agreement between the licensor and the licensee. This agreement outlines the terms and conditions of the license, including the scope of the license, permitted uses, quality control requirements, duration, royalties or fees, and any other relevant provisions.
- Quality Control: As the trademark owner, you have a responsibility to maintain the quality and reputation associated with your trademark. Therefore, it is important to include provisions in the license agreement that allow you to exercise quality control over the goods or services provided under the licensed mark. This ensures that the licensee maintains a certain standard of quality and does not engage in practices that may harm your brand.
- Exclusive or Non-Exclusive License: You have the option to grant an exclusive or non-exclusive license. An exclusive license gives the licensee the exclusive right to use the trademark within a specific territory or for a particular set of goods or services, even excluding the trademark owner from using the mark in that area or for those goods or services. A non-exclusive license allows multiple licensees to use the trademark simultaneously.
- Royalties or Fees: In most trademark licensing agreements, the licensee typically pays royalties or fees to the licensor in exchange for the right to use the trademark. The structure and calculation of royalties or fees can vary and should be clearly defined in the licensing agreement.
- Monitoring and Enforcement: It is important to monitor the licensee’s use of the trademark to ensure compliance with the terms of the license agreement. If the licensee engages in unauthorized or improper use of the mark, you may have the right to terminate the license or take other appropriate actions to protect your trademark rights.
- Recordkeeping and Registration: It is advisable to maintain detailed records of your licensing agreements and, if applicable, register your trademark licenses with the appropriate trademark office. Registering licenses can provide additional legal benefits and may be required in some jurisdictions.
Licensing your trademark can be a strategic way to expand your brand’s reach, generate revenue, and increase the value of your trademark. However, it is important to consult with a trademark attorney to draft or review the license agreement, ensure compliance with applicable laws, and protect your rights throughout the licensing process.
Please note that this response provides a general overview of trademark licensing. The specific requirements and considerations for licensing a trademark may vary depending on the jurisdiction and the individual circumstances of the license agreement.
If my trademark is registered in the United States, is it protected in other countries as well?
No, a trademark registration in the United States does not automatically provide protection in other countries. Trademark rights are territorial, meaning they are typically granted and enforced on a country-by-country basis. Therefore, if you wish to protect your trademark in other countries, you will need to seek registration in each specific jurisdiction where you seek protection.
To secure trademark protection in other countries, you have a few options:
- National Registration: You can file trademark applications directly with the trademark office of each country where you want protection. This involves complying with the specific filing requirements, paying the necessary fees, and navigating the registration process in each jurisdiction.
- Regional Registration: In certain regions, such as the European Union, it is possible to obtain trademark protection across multiple countries through a regional trademark registration, such as the European Union Trademark (EUTM). This allows for protection in all member countries of that regional system.
- International Registration: Through the Madrid System for the International Registration of Marks, you can seek protection in multiple countries by filing a single application. This system simplifies the process by allowing you to designate multiple member countries of the Madrid Agreement or Madrid Protocol in one application.
It is important to note that the requirements, procedures, and fees for international trademark registration vary depending on the country or regional system involved. It is advisable to work with a trademark attorney or utilize the services of a trademark specialist who can guide you through the process, ensure compliance with the relevant laws and regulations, and assist with the coordination of your international trademark strategy.
Trademark protection in foreign countries can help safeguard your brand’s reputation, prevent others from using similar marks, and provide legal remedies in case of infringement. It is essential to proactively pursue trademark registration in the jurisdictions where you conduct business or anticipate expansion to maximize the protection of your trademark rights on a global scale.
Is there such a thing as an “International Trademark”?
No, there is no such thing as an “International Trademark” that provides automatic protection worldwide. While there are systems and agreements in place that facilitate the process of seeking trademark protection in multiple countries, trademarks are still granted and enforced on a country-by-country basis.
The Madrid System for the International Registration of Marks, administered by the World Intellectual Property Organization (WIPO), is often misunderstood as granting an “International Trademark.” However, the Madrid System is a mechanism that simplifies the process of seeking trademark protection in multiple countries by allowing for the filing of a single international application.
Under the Madrid System, an applicant can file a single application with their national or regional trademark office (known as the “Office of Origin”) and designate one or more member countries in which they seek protection. The application is then transmitted to the International Bureau of WIPO, which reviews and registers the international application.
However, it is important to note that the international registration obtained through the Madrid System is not an “International Trademark” per se. It is a bundle of national or regional trademark registrations in the designated countries, based on the initial application and the subsequent examination process conducted by the national or regional trademark offices.
Each designated country will individually examine the application according to its own trademark laws and regulations. The trademark rights granted will be specific to each country and subject to the laws and requirements of that jurisdiction.
It is crucial to understand that the Madrid System streamlines the administrative process of seeking trademark protection in multiple countries, but it does not provide a single, unified registration that automatically grants protection worldwide. Trademark owners must still comply with the legal requirements of each country, pay the necessary fees, and navigate the specific examination and registration procedures of each jurisdiction.
To ensure comprehensive international trademark protection, it is advisable to work with a trademark attorney who has experience in global trademark matters. They can guide you through the process, advise on the best strategy for seeking protection in multiple countries, and help navigate the complexities of each jurisdiction’s trademark laws and requirements.
What is a trademark office action?
A trademark office action is an official communication from the trademark office, such as the United States Patent and Trademark Office (USPTO), in response to a trademark application. It outlines issues, concerns, or refusals identified by the Examining Attorney during the examination of the application.
When a trademark application is filed, it undergoes a review process by an Examining Attorney at the trademark office. The Examining Attorney evaluates the application to ensure compliance with legal requirements and determines if any potential conflicts exist with existing trademarks.
If the Examining Attorney identifies issues or has concerns about the application, they issue an office action to notify the applicant. Office actions may request additional information, clarification, or modifications to the application, or they may raise specific objections or refusals to register the trademark.
There are different types of office actions that can be issued, depending on the specific circumstances of the application. Some common types of office actions include:
- Non-Substantive Office Action: This type of office action typically requests minor corrections, clarifications, or amendments to the application. It may involve procedural matters, such as correcting the identification of goods or services or clarifying the applicant’s legal entity status.
- Substantive Office Action: A substantive office action raises more substantial issues and may include objections or refusals to register the trademark. The Examining Attorney may identify potential conflicts with existing trademarks, issues with the distinctiveness or descriptiveness of the mark, or other legal concerns. The applicant is usually required to respond with persuasive arguments, evidence, or amendments to overcome these objections.
- Priority Action: A priority action may be issued when a trademark application claims priority based on an earlier-filed foreign application or a previous U.S. application. The Examining Attorney requests additional evidence or documentation to support the priority claim.
- Suspension or Extension Request: In some cases, the Examining Attorney may suspend the examination of the application or request an extension of time to review the application. This can happen when there are ongoing legal proceedings, conflicting applications, or other factors that require additional time for evaluation.
Receiving an office action does not necessarily mean that your trademark application will be denied. It is a normal part of the examination process, and many applications encounter office actions that require a response. The office action provides an opportunity for the applicant to address any issues and present arguments or evidence to support the registration of the mark.
It is important to carefully review the office action, understand the specific objections or requirements, and respond within the designated timeframe. Failure to respond to an office action within the specified period may result in the abandonment of the application.
To navigate the office action process successfully, it is advisable to work with a trademark attorney who can evaluate the office action, assist in preparing a strong response, and guide you through the necessary steps to overcome any objections or refusals.
What should I do if I receive an office action on my trademark application?
If you receive an office action on your trademark application, it is essential to review it carefully and take appropriate action to address the issues raised by the Examining Attorney. Here are some steps you can follow to effectively respond to an office action:
- Read and Understand the Office Action: Carefully review the office action to understand the objections, refusals, or requests made by the Examining Attorney. Pay close attention to the specific issues raised and any deadlines mentioned.
- Seek Legal Assistance: Consider consulting with a trademark attorney who can help you navigate the office action process and provide guidance on how to best respond. They can assess the specific issues, advise you on the best course of action, and assist in preparing a strong response.
- Analyze the Objections or Refusals: Identify the reasons behind the objections or refusals raised by the Examining Attorney. It could be related to the distinctiveness of the mark, potential conflicts with existing trademarks, or other legal requirements. Understanding the specific grounds for refusal is crucial in formulating a persuasive response.
- Gather Supporting Evidence or Arguments: Collect evidence, documentation, or arguments that address the issues raised in the office action. This may include evidence of acquired distinctiveness, evidence of secondary meaning, arguments demonstrating the mark’s distinctiveness, or legal precedents that support your case. Ensure that your response presents a clear and compelling argument to overcome the objections.
- Amend the Application if Necessary: If the office action requests amendments to the application, such as clarifying the identification of goods or services or modifying the mark itself, make the necessary changes in your response. Ensure that the amendments comply with the guidelines provided by the Examining Attorney.
- Compose a Persuasive Response: Prepare a well-structured and persuasive response to the office action. Clearly address each objection or refusal, providing a compelling argument, supported by evidence or legal precedents, to support your position. Be thorough, concise, and respectful in your response.
- Meet the Deadline: Office actions typically have a response deadline specified in the communication. Ensure that you submit your response before the deadline to avoid potential abandonment of your application. If you need additional time to prepare your response, consider filing a request for an extension.
- Maintain Open Communication: If you have questions or need clarification regarding the office action, reach out to the Examining Attorney or the trademark office for guidance. Maintain open communication and promptly respond to any requests or inquiries.
Responding to an office action requires careful attention to detail and a strong understanding of trademark law. Working with a trademark attorney can significantly increase your chances of successfully overcoming objections or refusals and advancing your trademark application towards registration.
Please note that this response provides general guidance for responding to an office action. The specific strategy and actions to be taken may vary depending on the individual circumstances of your application and the objections raised by the Examining Attorney.
How do I enforce my trademark rights?
Enforcing your trademark rights is essential to protect your brand identity and maintain the exclusivity associated with your trademark. Here are some steps you can take to enforce your trademark rights effectively:
- Monitor for Infringement: Regularly monitor the marketplace for unauthorized use of your trademark. This can include conducting online searches, monitoring competitor activities, reviewing advertisements, and engaging in proactive brand protection strategies. Trademark monitoring services and tools can assist in identifying potential infringements.
- Document Evidence: Collect evidence of the infringing use of your trademark. This may include photographs, screenshots, copies of advertisements, product packaging, or any other materials that demonstrate the unauthorized use. Documentation is crucial in establishing the existence of infringement and supporting your enforcement efforts.
- Evaluate Infringement: Assess the potential infringement to determine its impact on your brand and whether it poses a significant risk to your business. Consider factors such as the similarity of the marks, the nature of the goods or services involved, and the potential for consumer confusion. This evaluation helps prioritize enforcement actions and determine the appropriate response.
- Cease and Desist Letter: In many cases, sending a cease and desist letter to the infringing party is the first step in enforcing your trademark rights. The letter should clearly state your rights, provide evidence of the infringement, and demand that the infringer immediately cease the unauthorized use of your trademark. It may also include a request for information, such as sales records or inventory, to assess the extent of the infringement.
- Negotiate Settlement: If the infringing party responds to the cease and desist letter, negotiations for a settlement may ensue. This can involve discussions on ceasing the infringing use, modifying their mark, or entering into a licensing agreement. A favorable settlement can help resolve the matter amicably and avoid protracted legal proceedings.
- Alternative Dispute Resolution: Mediation or arbitration can be pursued as alternative methods of resolving trademark disputes. These processes involve the assistance of a neutral third party who facilitates negotiations between the parties to reach a mutually acceptable resolution.
- Trademark Litigation: If the infringement persists or settlement negotiations fail, initiating legal action may be necessary. Consult with a trademark attorney experienced in litigation to assess the strength of your case, prepare the necessary legal documents, and represent your interests in court. Litigation can result in injunctive relief, damages, and other remedies to protect your trademark rights.
- International Enforcement: If your trademark rights extend beyond national borders, consider seeking enforcement in the relevant jurisdictions. This may involve engaging local counsel and utilizing the procedures and remedies available in each country.
Trademark enforcement requires a proactive and vigilant approach to protect your brand and maintain the exclusivity associated with your trademark. Consulting with a trademark attorney is advisable to navigate the enforcement process, assess the best course of action, and ensure compliance with applicable laws and procedures.
Please note that this response provides a general overview of trademark enforcement. The specific actions and strategies may vary depending on the individual circumstances of each case and the jurisdiction involved.
Why Trademark Registration Matters for Montgomery Businesses
Nicknamed “The City of Dreams,” Montgomery, Alabama preserves and celebrates its rich history, while also looking forward to a bright future. With its impressive museums, hip bars, and revitalized neighborhoods, Montgomery is catching the attention of entrepreneurs who are searching for locations to start making their dreams come true.
While there is much to do when starting a new business (e.g., product development, business plans, marketing strategy, etc.) Montgomery business owners should not overlook the crucial trademark registration process. It’s the best way to protect their brands and their businesses as they achieve more and more success.
Imagine the following: Sandra recently graduated from culinary school. She has plans to open up her own catering company in her hometown of Montgomery. In fact, she has already decided on the name of her new catering company, Dream City Catering.
Sandra finds a small storefront with a commercial kitchen in the Cloverdale neighborhood of town that is perfect for her new venture. She signs the lease without any hesitation. Then, she gets to work developing a marketing plan, hiring staff, printing menus, creating a website, and getting on all of the popular social media platforms. She even spends a good deal of money advertising in local papers.
One of Sandra’s friends loves the name of her company and asks her if she’s considered registering her trademark. Sandra definitely has trademark registration on her “to-do” list, but she decides it can wait. There’s just too much other work to be done.
After months of activity, Sandra starts booking catering jobs. It doesn’t take long for word to spread among the citizens of Montgomery about her outstanding menu and top-notch service. Sandra is excited about the future of her business and thinks that she may need to hire additional staff to handle all of the jobs coming in.
However, Sandra soon gets some news that turns her dreams into a nightmare. She receives a cease-and-desist letter from a food distribution company in the northeast called Dream City Distributors. Since they are in a similar industry as Sandra, and they already trademarked their name, the distribution company has the right to ask Sandra to shut down her business and not reopen until she rebrands. They even threaten legal action if she doesn’t comply.
Sandra is very concerned and is confused about what she should do next. Rebranding at this point will be a timely and expensive process. She decides that it’s time to call a trademark attorney for advice.
As a new business owner, it may be tempting to put trademark registration on the backburner because you have so many other tasks to take care of. In reality, trademark registration is the one thing you want to prioritize. Registering your trademark early on is the best way to ensure your business is protected and you can confidently invest in growth and expansion.
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 Montgomery and yet it can assist businesses from Alabama in registering a federal Trademark because trademarks are governed under federal law.