Washington, DC Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a startup and trademark legal firm serving Washington, DC. We also provide service to clients throughout the United States, Europe, and Israel. Cohn Legal attorneys operate with the singular goal of providing you with the best legal advice and strategies to protect your intellectual property.
Top 8 Questions Washington, DC Businesses Have About Obtaining a Trademark
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. The role of the USPTO is to maintain records of existing and pending trademarks. When you are ready to register your trademark, you’ll need to submit an application to the USPTO.
Keep in mind, however, that the USPTO does not enforce trademark rights. It is your responsibility as the trademark owner to protect your trademark against infringement.
What is a “fanciful” versus an “arbitrary” trademark?
Fanciful trademarks are invented terms that have been created for the sole purpose of acting as a trademark. Fanciful marks have no meaning other than as a mark. Examples of fanciful marks are Pepsi, Kleenex, or Exxon.
An arbitrary trademark is a generic term that has a common meaning, but no relation to the goods or services being sold. Examples of arbitrary trademarks include Apple computers, Jaguar automobiles, and Comet cleanser.
What is a specimen?
A specimen is just a sample of how you are actually using your trademark in commerce, on your goods, or with your services. A specimen shows the USPTO how consumers will encounter your trademark in the marketplace (e.g., on your labels, packaging, website, etc.). If you are unsure about what you should submit to the USPTO as a specimen, then consult with a trademark attorney.
What is the Trademark Electronic Application System?
The Trademark Electronic Application System (also called TEAS) is an online portal where you can submit your trademark application to the USPTO and pay any associated fees. TEAS is available 24/7.
What is a Trademark Office Action?
You’ll receive an Office Action from the USPTO if your trademark application is rejected or the USPTO requires more information from you before they make a final determination.
There are various reasons why you may be getting an office action. It may be that your mark is too similar to a trademark that already exists. It could be that you simply forgot to fill out a small section of the application. No matter what, it’s extremely important that you respond to the Office Action by the deadline provided. Not responding can cause the USPTO to cancel your trademark application.
If you receive an Office Action, then your best bet is to contact a trademark attorney as soon as possible. He or she can advise you on what to do next and draft a response to the USPTO if needed.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO if I’m a Foreign Citizen?
In the event that you are a trademark applicant who lives abroad, then you must be represented at the USPTO by an attorney who is barred in the United States.
Conversely, if you are a trademark applicant who lives in the United States you are not required to be represented by a US attorney.
I’ve recently submitted a trademark application to the USPTO on my own. Is there any reason to hire a trademark attorney?
The earlier you hire a trademark attorney, the better it is. However, it’s really never too late to hire a trademark attorney. For example, if you’ve already submitted an application, then your attorney can advise you on how to handle any questions you may receive from the USPTO, or how to respond to Office Actions. If your trademark application is approved, then your attorney can help monitor the marketplace for any infringements of your trademark, and ensure that renewal documents are filed accurately and on time.
Can my my trademark rights expire?
Yes, but only if you no longer user your trademark in commerce. Assuming continued use of your mark in commerce (and your filing of the necessary renewal documents in the USPTO), your trademark can last forever.
Why Trademark Registration Matters for Washington Businesses
There are many reasons to start a new business in Washington, DC, from the beautiful climate to the friendly residents. But if you’re starting a new venture in Washington, then the “to-do” list can seem endless. Creating marketing materials, placing advertisements, developing a business plan, and the list goes on. On top of that, everything feels like it needs to be done right now.
It can be tempting to overlook a few steps, including the trademark registration process. However, it’s an essential step for any new business owner. It’s the only way to protect your trademark from the competition.
Imagine the following: Janet is a longtime resident of Washington who has always had a knack for interior design. Her friends and family are always asking for her opinion on home renovations and decorating.
Janet decides to turn her talents into a small business and names her new venture Washington Interiors. Right away, she creates a website, orders business cards, pays for advertising in local papers, and even stencils her logo onto her car.
Janet doesn’t even consider trademarking the name of her business since it’s just a small, home-based operation.
What Janet doesn’t realize is that there’s already a home décor store with the same name in the downtown area. The store has only been open for a year, but they do own the trademark to the name Washington Interiors.
The store’s trademark attorney sent a letter to Janet asking her to stop operating under the name Washington Interiors. Janet has no choice but to comply and spend additional resources on rebranding her business.
No matter what size your business is, you need to ensure that your trademarks are protected from the competition. Contact the attorneys at Cohn Legal today to learn how we can help you secure trademark rights for your intellectual property.
** Cohn Legal, PLLC is not located in Washington, DC and yet it can assist businesses from Washington, DC in registering a federal Trademark because trademarks are governed under federal law.