Scottsdale, Arizona Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is committed to providing clients in Scottsdale, Arizona, and around the globe with outstanding legal counsel and guidance when it comes to trademark and intellectual property rights. Extensive experience in handling complex intellectual property law has equipped our attorneys with the requisite knowledge and expertise to deliver work of truly extraordinary quality. Think of us as your legal consigliere, giving you the best legal advice and strategies to protect your best interests.
Top 7 Questions Scottsdale Businesses Have About Obtaining a Trademark
How do I register a trademark?
To register a trademark, you need to complete a trademark application and submit it to the United States Patent and Trademark Office (USPTO). Your application will then be reviewed by an examining attorney at the USPTO. The attorney will check the application for completeness and accuracy. If there are any errors or missing information, you’ll be notified by the USPTO.
In addition, the attorney will search the USPTO’s database to ensure that a mark similar to your desired mark isn’t already in existence. If there is, then your application will most likely be rejected outright.
If all looks good with your application, then your mark will be published in the Trademark Official Gazette. This publication is released every Tuesday by the USPTO. Once your mark appears there, anyone from the public has 30 days to come forward and make a claim if they believe the approval of your mark will cause harm to them or their business.
If no one comes forward after 30 days, then your mark will move to the final process of approval.
Do I need to sell my products throughout the United States in order to get a trademark?
The USPTO does require that you have “bona fide” sales of your product across state lines in order to obtain a federal trademark. What they mean by bona fide sales is unclear. However, you can be sure that you must be selling your products in relatively substantial numbers in at least one more state other than your home state.
Am I required to have a registered trademark before starting my business?
There’s no law that says you must have a registered trademark before starting a business. However, it’s the wise thing to do. Opening a business without protecting your trademark means that competitors can come along and start using your trademark. They can even register your mark with the USPTO before you have a chance to. Smart business owners register their trademarks early in the process of starting their business.
Can I apply for a trademark even if I’m not ready to start selling my products yet?
Yes, you can apply for a trademark even if you are not ready to start selling your products yet. When you apply, be sure to submit an “Intent-To-Use” (ITU) trademark application.
That’s basically letting the USPTO know that you intend to start doing business in the near future.
Once the USPTO accepts your application, you’ll receive a Notice of Allowance (NOA). The NOA gives you 6 months to either submit your Statement of Use, proving that you are using the trademark in commerce, or request a 6-month extension to the NOA. You have the right to submit up to 5 extension requests.
What is the purpose of TEAS?
TEAS, or the Trademark Electronic Application System, is the online portal you should use to submit your trademark application and pay the associated fees. You can submit applications for names, logos, and even sound marks 24 hours a day.
Once you start the application process, you’ll have 60 minutes to complete it, which should be a sufficient amount of time. You’ll receive a notice at the 54-minute mark letting you know that time is almost up.
What options do I have to pay my application fee?
At the end of the application process, you’ll be directed to an external website to pay the associated fees. You can pay by credit card, electronic funds transfer from your U.S. bank account, or via an Automated Deposit Account, which is managed online by the USPTO.
Do I get my fee returned if my trademark application is rejected?
If your application is denied by the USPTO, your filing fee will not be returned. The USPTO considers the fee as a processing fee regardless of the outcome.
Why Trademark Registration Matters for Scottsdale Businesses
Located in the Sonoran Desert, Scottsdale Arizona boasts world-class spa resorts, excellent dining, and gorgeous hiking trails. When starting a small business in Scottsdale, the to-do list may seem overwhelming, but don’t let that prevent you from registering your trademark with the USPTO.
Imagine the following: Ken is a lifelong resident of Scottsdale and has an idea for a car window tinting business. He’s been learning the trade at an auto body shop and is now ready to strike out on his own.
He calls his business Mobile Car Tinting because he plans to travel to his customers’ homes or offices and complete the work onsite within an hour. He believes people will choose him because of the convenience and speed of his service.
Ken gets to work creating a logo, marketing materials, business cards, and a website. He also advertises in local papers and invests in online advertising as well. A friend of his mentions trademark registration. But Ken doesn’t think his business is big enough for that. After all, he’s just a one-man operation.
Ken’s business starts to take off almost immediately. He’s tinting several cars and trucks a week and customers are spreading the word about his fast and quick work. Unfortunately, Ken’s about to get some unsettling news in the form of a cease-and-desist letter. It turns out there’s a company in Phoenix that provides the same service and has a similar name as Ken’s business.
The Phoenix business, however, trademarked their name more than 5 years ago. They are well within their right to demand that Ken shut down his operation. Ken is devastated by the prospect of shutting down after putting in so much work to get his business up and running.
No matter how big or small your business is, you need to register your trademark as soon as possible. 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 Scottsdale and yet it can assist businesses from Arizona in registering a federal Trademark because trademarks are governed under federal law.