Philadelphia, Pennsylvania Businesses Use Cohn Legal for Trademark Services
Serving Philadelphia, Pennsylvania companies, Cohn Legal, PLLC 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 10 Questions Philadelphia Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark may be a word, logo, slogan, sound, and or design that, when attached to a product or service, enables a consumer to identify the company which produces the product or service. The brand “North Face” is a good example of a trademark. Many manufacturers produce coats, but the trademarked brand “North Face” lets customers differentiate their coats from the competition.
When should I register my trademark?
As soon as you have an idea for a name, logo, design, etc., then start the trademark registration process. The trademark registration process will help reveal if any entity has already registered something similar to what your desired trademark is. If that’s the case, it may be frustrating, but it’s better to find out before you invest in marketing materials, signage, product labels, etc. Once you settle on a logo that is unique, then you can invest in your brand with confidence.
Can generic terms receive trademark protection?
Generic terms cannot receive trademark protection from the USPTO. For example, you won’t be able to register the word “shirts” as the brand name of your shirt company. If you were allowed to do that, it would prevent all other shirt manufacturers from using the word, which is unfair and unreasonable.
Does my business need more than one trademark?
Most businesses will need to submit more than one trademark application. It’s likely that you’ll want to register one trademark for your business name, one for your logo, and one for the name of a product. The trademark attorneys at Cohn Legal can help you determine how many trademarks your business may need.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. TEAS is available 24/7 for you to submit your trademark application and pay the associated fees online.
How long does a trademark last?
As long as you continue to use your trademark in commerce it won’t ever expire. Note that you’ll need to submit renewal documents every 5 or 10 years to the USPTO. You can hire a trademark attorney to help you stay on top of that.
What is a specimen?
A specimen is a sample of how you are actually using your trademark in commerce. A specimen may be of a picture of a product label, packaging, or tag, etc., which clearly displays the trademark. If you’re selling a service and not a physical item, then you can submit specimens such as flyers, brochures, advertisements, website screenshots etc. If you are unsure of what an acceptable specimen maybe, then consult with a trademark attorney.
What is a fanciful trademark?
Fanciful trademarks are marks that are typically made up and only have meaning when applied to a specific product or service. An example of a fanciful trademark is Pepsi. It has no meaning other than being a brand of soda. These are the strongest forms of trademarks.
What should I register first: the name of my business or my brand logo?
We recommend that you register both your business name and logo using separate trademark applications at the same time. If you have to prioritize, trademark the name of your business in plain text first. Then, register the logo as soon as possible afterward.
Some business owners try to save money by registering just the logo if it contains the name of their business. It’s killing two birds with one stone, right? However, we don’t recommend this course of action because if you ever want to change the design of your logo, then you risk losing trademark protection for the name of your business. Consult with an experienced trademark attorney if you are unsure of how to go about trademarking your intellectual property.
If my trademark is registered in the U.S., then is it protected in foreign countries as well?
No, your U.S.-registered trademark only offers trademark protection within the United States and its territories. You should definitely consider registering your trademarks in any foreign country where you do business. Speak to the trademark attorneys at Cohn Legal about how to ensure your brand is protected around the globe.
Why Trademark Registration Matters for Philadelphia Businesses
The Philadelphia area is an ideal location to start a new business venture. When starting out, there are several things to take care of. You need to find a location, create a marketing plan, hire employees, and the list goes on. Many people neglect to put trademark registration near the top of their to-do list, which can be a costly mistake.
Imagine the following: Kim has grown up in Philadelphia and is an avid skateboarder. Lately, she’s been thinking of starting up her own skateboard shop. She even has the perfect name already picked out: Renegade Skate.
When Kim saves up enough money she decides to pursue her dream. She finds a small storefront in downtown Philadelphia and eagerly signs the lease. She renovates the space, orders signage, creates a website, and invests in online and print advertising. A friend of hers asked her about trademark registration, but Kim didn’t think that was something she needed to worry about right now. She just wanted to get her shop open.
Finally, Kim was able to have her grand opening. But her dreams of business ownership would soon come to an end. It turns out that there’s a start-up skateboard manufacturer in Santa Cruz called Renegade Skateboards. Although they have yet to make a name for themselves in the skating world, they did trademark the name of their company over a year ago.
The owners of the skateboard company asked their lawyer to send a cease-and-desist letter to Kim. Now she must close her doors and rebrand, which will cost a large amount of time and money. She’s not sure she can afford to do that.
It never pays to postpone the trademark registration process. It’s a necessary step for any new business that will help save time, money, and legal headaches down the line.
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 Philadelphia and yet it can assist businesses from Pennsylvania in registering a federal Trademark because trademarks are governed under federal law.