Scranton, Pennsylvania Businesses Use Cohn Legal for Trademark Services
Abe Cohn is the Managing Partner of Cohn Legal, PLLC. Abe relishes the opportunity to help startups and entrepreneurs build their brands from the ground up. Serving Scranton, Pennsylvania companies, Abe has the expertise to assist his clients with a variety of intellectual property law matters in and manage complex corporate transactions.
Top 8 Questions Scranton Businesses Have About Obtaining a Trademark
What is a clearance search?
To find out if another business is using a trademark that you want, then you or your trademark attorney should perform a clearance search. There are two types of clearance searches.
1. A preliminary knock-out search. With a preliminary knockout search, either you or your trademark attorney checks the Federal Trademark records to see if someone else has registered a trademark that is similar to the one you want.
2. A full search. A full search includes a knock-out search but also involves looking at state trademark registrations, common law sources, and internet sources.
Can I register my trademark before my business is up and running?
Yes, you can register your trademark before your business is up and running. In fact, it’s wise to do so. You can declare your intent to use a trademark by submitting an “Intent to Use” trademark application to the Unites States Patent and Trademark Office (USPTO). If the USPTO allows your trademark, then you will be required to show that you are using the mark in commerce within 6 months. If you are not ready to use the trademark within 6 months, you can file an extension with the USPTO. You can file up to 5 extension requests, each of which are 6 months long.
How exactly can a trademark attorney help me enforce my trademark rights?
An attorney can advise you on the best way to monitor and enforce your trademark rights in several ways. A trademark attorney can:
• Provide counsel if you discover other parties are using and infringing on your trademark.
• Advise on how you should respond if others are claiming that you are infringing on their trademarks.
• Help ensure that all required trademark renewal documents are timely and accurately filed, so you are never at risk of losing your mark.
• Represent you in any legal proceedings.
What is a Trademark Office Action?
If your trademark application is rejected, then you’ll receive an Office Action, which lists the reasons that your trademark application was rejected. Your trademark could be rejected if it’s too similar to an existing trademark, you failed to provide an important piece of information on your application, or your specimen is not sufficient.
These are just a few examples of why you might receive an Office Action. Contact a trademark attorney as soon as possible if you receive an Office Action. Your attorney can advise you on what to do next and draft a response to the USPTO if needed.
Can I trademark my book?
No. Books, screenplays, songs, lyrics etc. are all covered by Copyright law.
Why should I register my trademark?
Registering your trademark with the USPTO is the best way to guarantee that your trademark rights can be enforced throughout the United States and its territories. Plus, federal registration affords you remedies you would not otherwise have, including the recovery of attorney fees.
When is it appropriate to use the ® symbol and the TM symbol on my trademark?
You can legally use the ® symbol once your trademark is registered. If you’ve submitted and application and it is under review, then use the TM symbol next to your product name or SM next to your service name.
Should I file a trademark application as an individual or as a business entity?
Whatever way you choose is acceptable, but there are some advantages if you file as a business entity. First of all, filing as a business entity is helpful because you won’t have to re-assign ownership of the trademark to someone else if you sell the business.
Filing as a business entity is also a good idea for those individuals who do not wish for their personal details to be made public. Applicants who file as individuals may have their names, mailing addresses, and countries of citizenship listed prominently on Google and other search engines in connection with their trademark.
Why Trademark Registration Matters for Scranton Businesses
The residents of Scranton have a “do-it-yourself” work ethic and a strong drive to succeed. That’s a big reason why the small business sector in Scranton has been growing so quickly in recent years.
However, that DIY work ethic isn’t always the best solution when trying to get certain things done. This is especially true when it comes to trademark registration. Many new business owners will do a Google search to see if the name they want is taken. It’s a mistake to just rely on Google when it comes to the name of your business. You need the expertise of a trademark attorney.
Imagine the following: Lucy lives in Scranton and knows that snowy winters and rainy springs can wreak havoc on the rugs and carpets of Scranton residents. This gives Lucy the idea to open up a carpet cleaning service.
She’s saved up a bit of money over the years and is ready to fulfill her dream of business ownership. Lucy chooses the name Loving Care Carpet Cleaning for her new business. She does a quick Google search and no matches pop up.
Feeling excited, Lucy purchases carpet cleaning equipment and a new van. She also creates a website and spends a good deal of money on local radio advertising.
Lucy starts getting calls and gaining quite a few customers. Lucy’s good fortune soon ends when a cease-and-desist letter arrives in the mail. It turns out that a large manufacturer of cleaning products has a carpet cleaning solution called Lovin’ Care Carpet Cleaner being sold in stores.
While Lucy’s search didn’t reveal anyone using the exact name Loving Care Carpet Cleaning, the larger company thought that the name of her business was too similar to the name of their product.
Now, Lucy must put her business on halt and invest even more time and money to rebrand. Even small, one-person operations, like Lucy’s, should work with an attorney to register their trademark.
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 Scranton and yet it can assist businesses from Pennsylvania in registering a federal Trademark because trademarks are governed under federal law.