Stockton, California Businesses Use Cohn Legal for Trademark Service
Serving Stockton, California companies, Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates. Extensive experience in handling complex intellectual property law matters has equipped our attorneys with the requisite knowledge and expertise to deliver work of the highest quality.
Top 7 Questions Stockton Businesses Have About Obtaining a Trademark
What’s the point of a trademark search?
The purpose of a trademark search is to determine if your trademark exists, or a sufficiently similar version of your trademark exists, given the goods/services you are selling under the trademark. If there may be a “Likelihood of Confusion” between your trademark and another trademark, it is time for you to pick a new name.
Can I trademark the lyrics to my new hit song?
Unfortunately, no. Lyrics are musical works governed by Copyright law and do not enjoy protection under trademark law.
What is a Trademark Statement of Use?
A trademark Statement of Use is a declaration submitted to the USPTO along with a “specimen” after the preliminary approval of a 1(b), Intent to Use trademark application. The Statement of Use simply tells the USPTO that you are ready to convert your Intent to Use trademark into a fully bona fide, 1(a) In Use trademark and the SOU proves that you have in fact made a meaningful number of sales of your product in interstate commerce.
What is a fanciful trademark?
Fanciful trademarks are marks which are typically made up and only have meaning when applied to a specific product or service. Examples of fanciful trademarks include Netflix, Exxon, and Pepsi.
Can generic terms receive trademark protection?
The USPTO won’t allow anyone to trademark generic terms. For example, you can’t register the word “sneakers” as the brand name of your new line of sneakers. If you were allowed to do that, it would prevent all other sneaker manufacturers from using the word, which is unfair and unreasonable
Why should I work with an attorney to register a trademark?
There is no requirement that you work with an attorney to register a trademark, but doing so has many benefits. First, your trademark attorney will conduct a comprehensive trademark search to ensure that no one has already registered a mark that’s similar to your desired mark. Then, your attorney can submit a complete and accurate trademark application to the USPTO on your behalf. Any inquiries from the USPTO about your mark after the application submission will be handled by your attorney.
In fact, a recent study by the University of North Carolina found that trademark applications submitted with the assistance of an attorney were 50% more likely to be approved.
What is TEAS?
TEAS is an acronym that stands for the Trademark Electronic Application System. This online portal enables you to submit your trademark application to the USPTO and pay your application fees at the same time. The USPTO offers three different types of applications to choose from when registering your trademarks through TEAS. Each has its own fee:
1. The TEAS Plus Filing option is $225 per class of goods or services. TEAS Plus applicants may only choose from the list of pre-approved descriptions when designating their goods or services. The rate of refusal for TEAS Plus applicants is lower than the other applications.
2. The TEAS Reduced Fee option is $275 per class of goods or services. It entails, first and foremost, the applicant to submit application-related correspondences electronically.
3. The TEAS Regular Filing option is $400 per class of goods or services. The TEAS Regular filing option is the most expensive and affords the greatest flexibility. Specifically, the identification of the goods or services may be drafted by the applicant and not be selected from an existing list.
Why Trademark Registration Matters for Stockton Businesses
Stockton is a classic American city filled with lifelong residents, professionals, and college students. In many ways, it’s the ideal city to start a new business.
If you’re thinking of opening a new business in a city like Stockton, it’s important to contact a trademark attorney before you do anything. A trademark attorney will help conduct a thorough search to ensure no one else is using the name you want for your business.
Imagine the following: Two friends, Jill and Betty, are recent college graduates. They both competed on their school’s gymnastics team. Their dream is to open a gymnastics school in Stockton where they can teach the next generation of gymnastics superstars.
After searching for months, they finally find the perfect location for their school and sign the lease. They have the name of their school already picked out—Freedom Gymnastics. Jill’s parents suggest they contact a trademark attorney before moving forward, but Jill thinks it’s too soon for that. The young entrepreneurs want to open their doors as soon as possible.
They invest their capital in signage, gym equipment, hiring staff, marketing, and website design. Then, the day comes when they can finally open their doors.
Things are going great at first. The school is enrolling more students than they ever expected. However, after about 6 months of operation Freedom Gymnastics receives a letter asking them to close their doors and rebrand or face legal action.
Jill and Betty are devastated. It turns out that there’s a Freedom Gymnastics school in Tracy that has owned the trademark to that name for 10 years. They have plans to open up schools in Stockton within the next year.
Now, Jill and Betty have to close their doors and invest what little money they have in rebranding. Plus, they will have to hope that their current students don’t find other gymnastics schools in the meantime.
Jill and Betty are upset, but now they know that before they choose a new name, they’ll need to consult with a trademark attorney to ensure they’re doing everything the right way this time around.
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 Stockton and yet it can assist businesses from California in registering a federal Trademark because trademarks are governed under federal law.