Phoenix, Arizona Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Serving Phoenix, Arizona companies, our trademark attorneys absolutely love helping companies protect their brand names and logos. We pride ourselves on having the knowledge and expertise to deliver work of truly extraordinary quality.
Top 9 Questions Phoenix Businesses Have About Obtaining a Trademark
Can I trademark the design of my package?
If your product’s packaging is sufficiently distinct and is not functional, which is to say the packaging does not have a utility (like a bottle grip), it is possible to obtain Trade Dress protections on your design and exclude competitors from copying you.
How much does it cost to register a trademark?
There are two essential fees associated with registering a trademark; government fees and legal service fees. The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark. At Cohn Legal, PLLC, the cost is a flat fee of $650, which covers a full legal consultation, an analysis of your trademark’s inherent eligibility based on its distinctiveness, a full TM search in the USPTO database, and all of the logistical work involved in preparing and filing the trademark application.
Why is a priority date so important?
The date you file your trademark application with the USPTO is also known as your priority date. This date is important because anyone submitting an application to register a similar mark to yours after you, then that application will not be approved by the USPTO. You will have priority over everyone else.
When does trademark protection take effect?
The moment you start using your trademark in conjunction with the sale of a good/service, you have a limited common law trademark right which extends to the geographic limitations of those places where the sales have taken place. Once you have a federally registered trademark, however, your protections extend across the entire US.
When will my registered trademark expire?
Actually, your trademark will never expire, as long as you continue to use it and meet renewal deadlines set by the USPTO. The first renewal is due about 5 years after the registration date and then about 10 years after the registration date. After that, you’ll need to renew your mark every 10 years to maintain your registration. A trademark attorney can help you stay on top of these important renewal dates and file paperwork on your behalf.
What are the USPTO’s “Rules of Professional Conduct”?
All attorneys who practice before the USPTO must abide by the Rules of Professional Conduct, which require that any attorney representing you:
• Has the knowledge and skill to competently represent you.
• Consults with you and keeps you informed about the status of your trademark matter.
• Does not make false statements of fact or law to the USPTO.
Make sure that the attorney you hire has experience prosecuting trademark applications at the USPTO and handling proceedings before the TTAB.
Will the USPTO let me know of any potential infringement?
The USPTO does not have any responsibility to let you know of possible infringement of your trademark. As the owner of the trademark, it is solely your responsibility to monitor the market for infringement. Many attorneys, like Cohn Legal, do offer monitoring services, so you will always know if a third party is illegally using your trademark.
What should I register first: the name of my business or my brand logo?
Most trademark attorneys 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 first. Then, register the logo.
Some business owners try to save money by registering just the logo if it contains the name of their business. However, we don’t recommend this strategy because if you 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.
What is a Trademark Office Action?
If your trademark application is rejected, you’ll receive an Office Action from the USPTO listing the reasons that your trademark application was rejected. Or, they may request additional information from you. If you receive an Office Action, then do not ignore it. Contact a trademark attorney right away to advise you on the next steps and help draft an appropriate response to the USPTO.
Why Trademark Registration Matters for Phoenix Businesses
The beautiful City of Phoenix attracts many entrepreneurs looking to start new ventures. Its wonderful climate, friendly residents, and booming tourism industry are just a few of the reasons why it is an awesome location for any new business.
Many new business owners in Phoenix understand that there’s much work to be done in order to ensure that their business thrives. However, they should also be sure to prioritize trademark registration early on.
Imagine the following: Salvatore has lived in Phoenix for 10 years. He’s noticed a steady influx of tourists yearly. He often sees families lugging umbrellas, coolers, boogie boards, and other beach items from their hotels to the beach. That gives him an idea for a business.
He purchases a small vehicle and a trailer and names it the Beach Buggy. He creates a sign for his vehicle, prints business cards, and puts up a simple website. Then, he gets to work offering tourists rides back and forth to the beach.
His friend mentions trademark registration, but Salvatore doesn’t think that’s anything he needs to worry about since his business to so small. Unfortunately, Salvatore receives a cease-and-desist letter after only a month of operating. There’s already a business called the Beach Buggy that exists in Los Angeles. They’ve trademarked the name and they plan on expanding into Phoenix soon.
Salvatore is forced to shut down his fledgling business before it ever really got off the ground. Now, he’ll need to spend time and money rebranding. This time, he’ll be sure to work with a trademark attorney before settling on a name.
No matter how small or big your business is, it needs to be protected with trademark registration. 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 Phoenix and yet it can assist businesses from Arizona in registering a federal Trademark because trademarks are governed under federal law.