Oxford, Mississippi Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm dedicated to helping clients in Oxford, Mississippi protect and defend their trademark rights. Our lawyers have the skills and expertise to deliver work of the highest quality. While excellence in legal representation can always be expected, we also take great pride in our ability to forge deep and lasting bonds with our clients.
Top 6 Questions Oxford Businesses Have About Obtaining a Trademark
What is the United States Patent and Trademark Office?
The United States Patent and Trademark Office (also known as the USPTO) is the federal office that receives and reviews all trademark applications. They determine whether or not trademark applications are approved or denied. The USPTO also keeps records of all existing and pending trademarks.
What is an “arbitrary trademark”?
An arbitrary trademark is when you use a common word as a trademark, but that word has no relation to your product. Consider Comet® cleanser as an example of an arbitrary trademark. The word “comet” has a definition, but when used as the name of a cleanser, it becomes a strong and unique trademark.
What are the USPTO’s “Rules of Professional Conduct”?
The USPTO takes the competency and conduct of attorneys who appear before them very seriously. All attorneys who appear before the USPTO must adhere to the “Rules of Professional Conduct.” These rules are in place to ensure that any attorney representing you:
- Has the ability, skills, and knowledge to represent you and protect your best interests.
- Consults with about the status of your trademark on a regular basis.
- Will not make false statements (lie) to the USPTO.
How long will my trademark registration last?
- Your federally registered trademark will last as long as you continue to use your trademark in commerce and you file the appropriate maintenance documents with the USPTO by the required deadlines.
Your first maintenance document will be due about 5 years after your mark is registered. Additional maintenance documents will be required every 5 or 10 years after that. The USPTO will send you reminders as these due dates come up.
Please keep in mind that if you miss a deadline, then you run the risk of having your trademark cancelled. You may hire a trademark attorney who can file these maintenance documents on your behalf and ensure you never miss a deadline.
When would I be required to go before the USPTO’s Trademark Trial and Appeal Board?
The USPTO’s Trademark Trial and Appeal Board (TTAB) exists to resolve certain disputes among trademark holders and applicants.
You may be required to appear before the TTAB in these instances:
- If an examining attorney denies your trademark application and you disagree, then you can file an appeal with the TTAB.
- If third-party believes that they would be harmed if your trademark application was approved, then they can file an opposition proceeding with the TTAB.
- If a third-party believes that your existing application is harmful to their business, then they can file a cancellation proceeding with the TTAB.
- If you believe that a third-party’s trademark application or registration is harmful to you, then you can file an opposition or cancellation proceeding with the TTAB.
These proceedings are complex and very similar to courtroom proceedings. If you are domiciled in the United States, you are not required to hire an attorney, however, it is highly recommended that you do hire a U.S.-based trademark attorney to represent you during TTAB proceedings.
If you are foreign-domiciled, then you are a required to have a U.S.-based trademark attorney represent you in front of the TTAB.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. TEAS is an online portal where trademark applicants can submit their applications and pay the associated fees online. As of February 2020, this is the only way trademark applications are accepted by the USPTO.
Why Trademark Registration Matters for Oxford Businesses
Oxford, Mississippi is home to the University of Mississippi, or “Ole Miss” as it is affectionately called by proud residents of the state. In recent years, Oxford has been touted as the “cultural mecca of the south,” with artists, chefs, writers, and musicians coming to find creative inspiration in the historic city.
Of course, where you find culture and creativity, you also find commerce. In fact, business is booming in Oxford with entrepreneurs coming from all over to start successful ventures. While these new business owners are eager to get started, they need to remember to register their trademarks above all else.
Imagine the following: Brianne is a recent graduate of Ole Miss with a degree in business. She plans to use her degree and her passion for baking to open up her own gluten-free bakery close to campus. She knows many students who are following a gluten-free lifestyle and she thinks that there’s a real need for a bakery like hers. She also has plans to package and sell her treats around the country online.
Brianne calls her new establishment the Flavorful Flourless Bakery. She knows that trademark registration is important, however, she’s on a limited budget and doesn’t want to spend money on that right now. She decides to wait until she sees her business is making money before she pursues trademark registration.
Brianne then gets to work. She signs the lease on a storefront, orders signage for the store, creates marketing materials, develops a website, and opens up social media accounts. Within 4 months, she’s ready for her grand opening.
A year later Brianne’s business is doing better than she ever imagined. She’s getting heavy foot traffic from the college campus, and she’s also shipping her gluten-free goodies to customers in at least 15 states across the country.
Unfortunately, Brianne is about to get some terrible news. It turns out that there’s a gluten-free bakery in Brooklyn, New York with a very similar name to Brianne’s bakery. However, the Brooklyn bakery trademarked their name 4 years ago. Since they own the trademark to their name, they are well within their rights to send Brianne a cease-and-desist letter threatening legal action if she doesn’t change the name of her business.
This will be a very time consuming and expensive endeavor for Brianne. If she had gone to a trademark attorney when she was starting her business, she could have avoided this predicament.
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 Oxford and yet it can assist businesses from Mississippi in registering a federal Trademark because trademarks are governed under federal law.