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Cohn Legal, PLLC represents entrepreneurs, startups, businesses, and established brand owners in Hershey and throughout Pennsylvania in federal trademark matters before the United States Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board (TTAB).
Our trademark practice includes trademark clearance searches, federal trademark applications, USPTO Office Action responses, trademark oppositions and cancellations, enforcement and defense, trademark assignments and licensing, and broader trademark portfolio strategy.
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Cohn Legal does not maintain a physical office in Hershey or elsewhere in Pennsylvania. The firm represents Pennsylvania businesses remotely in federal trademark matters before the USPTO and TTAB.
Federal Trademark Services for Hershey Businesses
Businesses in Hershey develop valuable brand assets through company names, product names, service names, logos, slogans, and other identifiers. Federal trademark protection can help businesses protect those assets as they expand into new markets, sell products online, serve customers outside Pennsylvania, license their brands, or introduce new products and services.
Cohn Legal assists Hershey businesses with federal trademark matters at each stage of the brand lifecycle.
Trademark Clearance Searches
Before investing in a new company, product, service, or brand name, businesses should consider whether another party may already have rights in a confusingly similar mark.
Cohn Legal conducts trademark clearance searches and analyzes potentially conflicting federal registrations and applications, related goods and services, and other considerations that may affect whether a proposed mark can be used and registered.
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Federal Trademark Applications
Cohn Legal prepares and prosecutes federal trademark applications before the USPTO, including applications based on existing use in commerce and bona fide intent to use a mark in the future.
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USPTO Office Action Responses
If the USPTO raises legal or procedural objections to an application, Cohn Legal assists applicants in evaluating the refusal and developing an appropriate response.
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Trademark Oppositions and Cancellations
Cohn Legal represents trademark applicants and owners in contested proceedings before the Trademark Trial and Appeal Board, including opposition and cancellation matters.
Trademark Enforcement and Defense
The firm advises trademark owners and accused parties regarding cease-and-desist demands, infringement issues, enforcement strategy, potential defenses, settlement, and related trademark disputes.
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Trademark Assignments, Licensing, and Portfolio Matters
Cohn Legal assists businesses with ownership transfers, licensing arrangements, coexistence and consent agreements, international protection, and development of broader trademark portfolios.
Trademark Protection for Businesses in Hershey, Pennsylvania
Hershey is associated with a distinctive mix of consumer products, food and hospitality businesses, tourism and entertainment, healthcare, medical research, retail, and professional services. Businesses operating in these sectors often rely heavily on names and other brand identifiers to distinguish their products and services in competitive markets.
For a consumer-products company, trademark issues may arise when selecting a name for a new product line or expanding an existing brand into related goods.
Restaurants, bakeries, hospitality businesses, retailers, and tourism-oriented companies may need to consider protection for business names, service brands, product names, logos, and other identifiers encountered by both local customers and visitors.
Healthcare, medical technology, and research-oriented businesses may face different issues, particularly where a proposed name must distinguish specialized services, technology, software, or products from existing brands operating in related fields.
For Hershey businesses that sell products online or serve customers across Pennsylvania and beyond, trademark strategy can become increasingly important as the geographic reach of the business expands.
LEARN ABOUT COHN LEGAL’S TRADEMARK SEARCH SERVICES
Trademark Considerations for Hershey Food, Hospitality, Healthcare, and Consumer Brands
Hershey’s commercial identity creates trademark considerations that can differ substantially across industries.
Food, Confectionery, and Consumer Products
Food and consumer-product businesses frequently build brand portfolios containing more than a single company name.
A business may develop separate trademarks for its company, individual products, product lines, packaging elements, slogans, or related services. As the number of brands grows, clearance and portfolio planning can become increasingly important.
A new bakery, specialty-food company, beverage business, or packaged-goods company, for example, may select a product name that appears distinctive but conflicts with an earlier mark covering related foods, beverages, retail services, or restaurant services.
Conducting a trademark search before committing substantial resources to packaging, signage, advertising, or distribution can help identify potential conflicts earlier in the branding process.
Tourism, Hospitality, and Entertainment
Hershey attracts visitors for attractions, accommodations, dining, entertainment, sporting events, and other experiences.
Businesses serving visitors may use trademarks for hotels, restaurants, entertainment services, retail operations, event concepts, merchandise, and related offerings.
Because customers may discover and purchase these services online before traveling to Pennsylvania, the commercial reach of a Hershey-based hospitality or tourism business may extend well beyond its physical location.
Healthcare, Medical Research, and Technology
Hershey is also home to a substantial healthcare and medical-research community.
Healthcare organizations, medical practices, technology companies, research ventures, and related businesses may develop names for services, software platforms, medical products, research-derived technologies, and other offerings.
Trademark clearance can be particularly important when similar terminology is used across healthcare and technology markets. A name that appears available in one narrow context may encounter an earlier registration covering related medical, software, research, or educational services.
Businesses Expanding Beyond Central Pennsylvania
A business may begin by serving customers in Hershey or Central Pennsylvania and later expand through e-commerce, licensing, distribution, franchising, or services offered to customers in other states.
Considering federal trademark strategy early can help a growing business evaluate brand availability before significant resources are committed to expansion.
LEARN ABOUT INTENT-TO-USE TRADEMARK APPLICATIONS
Pennsylvania Business Registration vs. Federal Trademark Registration
Registering a business entity or business name in Pennsylvania is different from obtaining trademark rights.
Pennsylvania business filings generally concern the legal organization or registration of a business within the Commonwealth. They do not necessarily establish that a business is entitled to use a particular name as a trademark or that the name is available under federal trademark law.
Pennsylvania also maintains a state trademark registration system. State registration and federal registration are separate systems with different legal requirements and effects.
A federal trademark application is filed with the United States Patent and Trademark Office. The USPTO examines the proposed mark under federal trademark law, including whether the mark conflicts with earlier federal registrations or pending applications and whether other grounds for refusal apply.
Businesses should therefore avoid assuming that the availability of a business name in Pennsylvania means that the same name is automatically available for use or federal trademark registration.
LEARN ABOUT FEDERAL TRADEMARK REGISTRATION
Common Trademark Questions From Hershey Businesses
Can a Hershey business obtain a federal trademark registration?
Potentially, yes. Federal trademark registration depends on the requirements of federal trademark law, including the nature of the mark, the goods or services identified in the application, the filing basis, and the applicant’s use or bona fide intent to use the mark in commerce.
The fact that a business is physically located in Hershey does not prevent it from seeking federal trademark protection.
If my business primarily serves customers in Pennsylvania, can I still obtain a federal trademark?
Possibly. Federal trademark law does not impose a simple rule requiring a business to have customers in two different states.
For federal registration based on use, the relevant question is whether the mark is used in commerce that Congress may regulate. The analysis can depend on the nature of the goods or services and the surrounding commercial activity.
For services, the USPTO considers whether the mark is used in the sale or advertising of services and whether the services are actually rendered in qualifying commerce.
A business that has not yet established qualifying use may also be able to file under Section 1(b) based on a bona fide intent to use the mark in commerce and establish the required use later in the registration process.
Does registering my company name in Pennsylvania mean I own the trademark?
Not necessarily.
Business-entity registration, state trademark registration, common-law trademark rights, and federal trademark registration are different concepts.
The availability of a business name through Pennsylvania’s business-registration system does not by itself establish that the name is available under federal trademark law or that another party does not have superior trademark rights.
Should I conduct a trademark search before launching a product or business?
A trademark search can identify potentially conflicting marks before substantial resources are invested in a name.
This can be particularly important for businesses investing in product packaging, signage, websites, advertising, merchandise, or other materials that may be expensive to replace if a branding conflict later arises.
A meaningful clearance analysis generally considers more than whether an identical name appears in a USPTO search. Similarities between marks, the relationship between the goods or services, and other likelihood-of-confusion considerations may also be relevant.
Can I file a trademark application before launching my Hershey business?
Potentially.
Section 1(b) of the Trademark Act permits an applicant with a bona fide intent to use a mark in commerce to file an intent-to-use application before qualifying use begins.
The applicant must ultimately satisfy the USPTO’s use requirements before a registration can issue on that basis.
This can be useful for businesses developing a new product, restaurant concept, consumer brand, technology, or service that will not launch immediately.
What happens if the USPTO refuses my trademark application?
A refusal does not necessarily mean that an application is finished.
The USPTO may issue an Office Action identifying legal or procedural issues that must be addressed. Depending on the application, those issues may include likelihood of confusion, descriptiveness, specimens, disclaimers, or the identification of goods and services.
The appropriate response depends on the specific refusal or requirement and the facts of the application.
LEARN ABOUT OFFICE ACTION RESPONSES
LEARN ABOUT SECTION 2(d) REFUSALS
What if another business files a confusingly similar trademark?
The appropriate response depends on the status of the other party’s application or registration and the underlying rights of the parties.
In some circumstances, a party may oppose a pending application before the TTAB. In other circumstances, cancellation proceedings, settlement discussions, coexistence arrangements, or enforcement measures may be considered.
Do I need a trademark attorney located in Pennsylvania?
Federal trademark matters before the USPTO and TTAB generally do not require the attorney to be physically located in the same state as the client.
Cohn Legal does not maintain an office in Hershey or elsewhere in Pennsylvania, but represents Pennsylvania businesses in federal trademark matters before the USPTO and TTAB.
Trademark Opposition and Cancellation Proceedings
The Trademark Trial and Appeal Board is the administrative tribunal within the USPTO responsible for deciding certain disputes concerning the right to register or maintain a federal trademark registration.
Cohn Legal represents both trademark applicants and trademark owners in TTAB opposition and cancellation proceedings.
An opposition generally arises when a party challenges a pending trademark application after publication. A cancellation proceeding generally involves an effort to cancel an existing federal registration on one or more legally recognized grounds.
TTAB proceedings can involve pleadings, discovery, document requests, interrogatories, depositions, motions practice, evidentiary disputes, summary judgment, testimony, trial briefing, settlement negotiations, and other contested issues.
Although the TTAB generally determines rights relating to federal trademark registration rather than awarding monetary damages for infringement, a Board proceeding can materially affect a company’s ability to register, maintain, or expand an important brand.
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Meet Trademark Attorney Avraham S.Z. Cohn
Avraham S.Z. Cohn, Esq.
Managing Partner, Cohn Legal, PLLC
Avraham S.Z. Cohn represents entrepreneurs, startups, established companies, and international businesses in federal trademark matters.
His practice includes trademark clearance and registrability analysis, federal trademark applications, responses to USPTO refusals, trademark oppositions and cancellations before the TTAB, cease-and-desist matters, trademark enforcement and defense, coexistence and consent agreements, assignments, licensing, international trademark protection, and portfolio strategy.
Mr. Cohn regularly represents trademark applicants and owners before the United States Patent and Trademark Office and Trademark Trial and Appeal Board.
VIEW AVRAHAM S.Z. COHN’S FULL BIOGRAPHY
Federal Trademark Experience
USPTO
Federal Trademark Prosecution
Trademark applications, Office Action responses, Statements of Use, extensions, post-registration matters, and related USPTO proceedings.
TTAB
Trademark Oppositions & Cancellations
Representation of trademark applicants and owners in contested proceedings before the Trademark Trial and Appeal Board.
Trademark Enforcement
Protection and Defense of Brand Rights
Cease-and-desist matters, infringement issues, settlement negotiations, coexistence agreements, and related enforcement strategy.
Nationwide
Federal Trademark Representation
Representation of businesses throughout the United States in federal trademark matters before the USPTO and TTAB.
Why Hershey Businesses Work With Cohn Legal
Federal Trademark Focus
Cohn Legal regularly handles federal trademark matters involving clearance, registration, prosecution, enforcement, and portfolio strategy.
USPTO and TTAB Representation
The firm represents clients in proceedings before the United States Patent and Trademark Office and the Trademark Trial and Appeal Board.
Startup and Established Business Experience
Cohn Legal works with businesses at different stages of growth, from entrepreneurs preparing to launch new brands to established companies managing larger trademark portfolios.
Strategic Brand Protection
Trademark decisions can affect product launches, marketing investments, expansion, licensing, and long-term brand value. Cohn Legal approaches trademark matters as part of a broader business and brand-protection strategy.
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Federal Trademark Resources
Businesses seeking additional information about federal trademark protection may consult the following primary legal and governmental resources.
United States Patent and Trademark Office
United States Patent and Trademark Office – Trademarks
Official information concerning federal trademark applications, registrations, maintenance, searching, and USPTO procedures.
Trademark Manual of Examining Procedure
Trademark Manual of Examining Procedure (TMEP)
USPTO guidance concerning the examination and prosecution of federal trademark applications.
Trademark Trial and Appeal Board
Trademark Trial and Appeal Board (TTAB)
Official USPTO information concerning trademark oppositions, cancellations, appeals, and other Board proceedings.
Trademark Trial and Appeal Board Manual of Procedure
Trademark Trial and Appeal Board Manual of Procedure (TBMP)
Procedural guidance concerning practice before the Trademark Trial and Appeal Board.
Lanham Act, 15 U.S.C. §§ 1051 et seq.
Lanham Act – 15 U.S.C. Chapter 22
The principal federal statutory framework governing trademarks and federal trademark registration in the United States.
Pennsylvania Registration of a Trademark
Pennsylvania Department of State — Registration of a Trademark
Official Commonwealth of Pennsylvania information concerning Pennsylvania trademark registration.
About the Author
Avraham S.Z. Cohn, Esq.
Managing Partner, Cohn Legal, PLLC
Avraham S.Z. Cohn represents businesses and entrepreneurs in federal trademark prosecution, trademark enforcement and defense, and proceedings before the Trademark Trial and Appeal Board.
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Written and reviewed by Avraham S.Z. Cohn, Esq.
Last reviewed: September 2026
Speak With a Trademark Attorney
If you are launching a new brand, preparing a federal trademark application, responding to a USPTO refusal, evaluating a potential trademark conflict, or involved in a trademark opposition or cancellation proceeding, Cohn Legal can review the matter and discuss potential next steps.
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