Springfield, Illinois Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a firm focusing on intellectual property rights and trademarks. Serving Springfield, Illinois, Cohn Legal counsels national and international clients on all matters related to intellectual property and how to protect their brands against infringement.
Top 8 Questions Springfield Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is simply a word, phrase, logo, design, or even a sound that identifies a company. Companies use trademarks so consumers know who manufactures a product in a certain category of goods. Any current business owners or anyone in the process of starting a business should register their trademarks with the USPTO.
What is the USPTO?
The USPTO stands for the United States Patent and Trademark Office. This office keeps records of all registered and pending trademarks. In order to register a trademark, you’ll need to submit an application to the USPTO. An examining attorney at the USPTO will evaluate the application and determine if your desired trademark is either eligible or ineligible for approval.
Will the USPTO help me protect my trademark?
It’s up to you, not the USPTO, to monitor the marketplace to ensure that no one is infringing upon your registered trademark. If you do suspect infringement, then you need to consult with a trademark attorney and take legal action. Most trademark attorneys, including Cohn Legal, offer trademark monitoring services and will alert you when possible infringement occurs and provide advice on how to handle it.
What is a specimen?
A specimen is simply a sample of your trademark that needs to be submitted to the USPTO as part of your trademark application. A specimen could be a product label, a website screenshot, a photo of your packaging, marketing materials, etc. Consult a trademark attorney if you are unsure about what you should submit to the USPTO as a specimen.
Do I need to conduct a trademark search before filing my application?
It’s definitely a smart idea to conduct a trademark search before filing an application. There’s no law or mandate that says you must conduct a trademark search, but any trademark attorney will recommend that you do. The reason to do a trademark search is to find out if someone has already registered a mark that’s similar to your desired mark. It can be frustrating to find that a trademark similar to the one you want already exists, but it’s better to have that information before you start investing in signage, brochures, digital advertising, etc. Knowing you have a unique trademark means that you can invest in your business and your brand with confidence.
I’ve been selling my product for 5 years with no registered trademark. Is there a reason to do it now?
Having a registered trademark is not a pre-requisite for selling products. You can start selling a product or service anytime you want. However, whether you’ve been in business for 5 days, 5 months, or 5 years, it’s in your best interest to protect your intellectual property with a registered trademark.
In fact, it’s even more important to register your trademark if you’ve been selling items successfully for years. Without trademark protection, a competitor can start using your branding to “ride the coattails” of your success by selling a similar product. This could cause confusion in the marketplace and damage your reputation.
No matter how long you’ve been in business, take the proper steps to ensure that your trademark is properly protected against infringement.
Can I trademark my screenplay?
No. Trademarks are designed purely to enable customers to understand the source-company behind the sale of a good service. Trademarks are brand identifiers – it would therefore be inappropriate to trademark a screenplay which is better served by obtaining protection with Copyright law.
What happens if my trademark application is rejected?
If your trademark application is rejected, then you’ll receive an Office Action. An Office Action is basically a letter stating the reasons why your trademark registration application was rejected.
The reasons why your application may be rejected may be because:
• Your desired mark or something similar to it is already in use.
• Your desired mark is too generic.
• Your application may be missing pertinent information.
• Your specimen is not sufficient
It can be overwhelming to receive an Office Action, but it should never be ignored. A trademark attorney will be able to advise you on your best response to the USPTO.
Why Trademark Registration Matters for Springfield Businesses
Springfield has been receiving a lot of attention in recent years. The population has been steadily increasing and entrepreneurs are flocking to the area in large numbers.
New business owners may not realize it, but investing time and money into trademarking their intellectual property is extremely important. Putting this step can have negative consequences down the line.
Imagine the following: Andre is relatively new to the Springfield area. He loves running and has been exploring the city by running in and around the picturesque neighborhoods of Springfield. He sees many other runners on the road with him.
He loves that the city is so conducive to running, but notices that there are no local sneaker stores that cater to runners. That gives Andre a business idea. He decides to open a shop that sells high-end running shoes and running gear. He comes up with the name Fleet Feet for his store.
Feeling excited, Andre gets straight to work. He leases space, orders inventory, creates marketing materials, and even hires employees. But he neglects to trademark the name of his store.
What Andre doesn’t know, however, is that there’s a small chain of stores called Fleet Feet located in large cities along the east coast. They’ve had the name trademarked for years, and have their sights on opening up a shop in Springfield.
Andre is about to get a cease-and-desist letter before he’s even had a chance to open his doors. Had Andre consulted a trademark attorney, he would have discovered that his desired trademark was unavailable, and he could have chosen another name.
Cohn Legal works with businesses of all sizes to ensure their trademarks are strong, unique, and protected. 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 Springfield and yet it can assist businesses from Illinois in registering a federal Trademark because trademarks are governed under federal law.