St Paul, Minnesota Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is ready to help small business owners and startups in Saint Paul, Minnesota with trademark and intellectual property matters. Our goal is to provide each client with outstanding legal counsel at cost-effective rates. We are truly passionate about helping our clients build and protect their brands.
Top 8 Questions St Paul Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a phrase, logo, single word, or design that distinguishes your brand of products from the competition in the marketplace. It also provides you with protection against anyone who may try to steal or counterfeit your trademark.
How long does a federal trademark registration last?
Trademark registration can last for as long as you want it to. You just need to provide the USPTO with documents every few years that prove you are still using the mark.
What is the role of an examining attorney?
Examining attorneys work for the USPTO. Their job is to review trademark applications as they come in to be sure that they contain all of the necessary information. They’ll also conduct an extensive search to be sure that your desired trademark isn’t too similar to one that already exists or is pending approval.
If the application appears to be in good order, then your trademark will be approved. If there are issues with your submission, the examiner will send out an Office Action, which is a letter explaining why your trademark was rejected and how to resolve the issues that were found. If you get an Office Action, your best bet is to contact a trademark attorney.
What are the strongest types of trademarks?
The strongest types of trademarks are unique and set you apart from your competition. There are generally three types of trademarks that are considered to be strong:
- Fanciful trademarks: These marks consist of made-up words that have no meaning except when it is applied to the product it names. Exxon® for gasoline or Pepsi® for soda pop are examples of fanciful trademarks.
- Arbitrary trademarks: These marks are real words, but they have no association with the underlying product or service they’re naming. Apple® computers are a classic example. Apple is a real word for fruit. When used as the name of a computer brand, it becomes a strong trademark. The sneaker brand Puma® is another example.
- Suggestive trademarks: These marks are words that suggest the quality of the product without naming what it is outright. For example, Slimfast® suggests that you’ll lose weight quickly if you use the product.
Do I need to work with a trademark attorney?
The only instance in which the USPTO would require you to hire an attorney is if you’re a citizen of or a permanent resident of a foreign country.
Otherwise, there’s no legal requirement to work with a trademark attorney. However, hiring an attorney has many advantages, including:
- Accurate application preparation
- Legal counsel throughout the process
- Quick responses to Office Actions
- Enforcement of your trademark rights
- Representation in legal proceedings
What is TEAS?
TEAS is the Trademark Electronic Application System. This is the online portal you use to submit your application, pay any fees, respond to Office Actions, and more.
Please note that the USPTO no longer accepts paper applications as of February 2020. You must use TEAS to submit your application.
What is the Trademark Official Gazette?
The Trademark Official Gazette (TMOG) is a weekly publication put out by the USPTO. Once a trademark receives approval from the examiner, it then gets printed in the TMOG for a 30-day opposition period. During that 30-day period, anyone can come forward to oppose the final approval of the mark. If no one opposes the mark after 30 days, it’s officially registered and belongs to the applicant.
Can I register for a trademark without having a product or service?
No, you can’t trademark a name, slogan, or design without having a business, product, or service to attach it to. The USPTO requires that you have products or services that are currently being sold, or will be sold in the near future before you apply for a trademark.
Why Trademark Registration Matters for Saint Paul Businesses
One of the famed “twin cities,” Saint Paul is the capital of Minnesota. Saint Paul has a cool mix of suburban and urban neighborhoods and high rates of homeownership among its residents. It’s no wonder that entrepreneurs are choosing Saint Paul to start their new ventures. While there’s plenty of opportunities to be successful, anyone starting a small business needs to remember to register their trademarks.
Imagine the following: Maurice and Laura are two friends who want to open an auto detailing business in the Midway neighborhood of Saint Paul. They choose the name Twin Cities Detailing for their new venture. Laura wonders if they should trademark the name of their business, but Maurice convinces her that there’s no need to. Money is tight and he doesn’t think they should spend money on a lawyer and trademark fees right now.
The two friends then get straight to work. They find a location for their new business and sign the lease. They order a big sign to hang outside their shop, print postcards for a massive promotional campaign, build a website, place advertisements in local newspapers.
After months of hard work, they’re finally ready to open. At first, things are going great. They are getting steady business and repeat customers. However, Maurice and Laura get some bad news in the form of a cease-and-desist letter.
It turns out that there’s a detailing business in Minneapolis that also calls themselves Twin Cities Detailing. The Minneapolis business, however, registered the trademark 3 years ago. That means they are well within their rights to ask Maurice and Laura to stop their business operations and not start up until they rename and re-brand. This will be a costly and time-consuming endeavor for the two friends.
If you’re starting a new business in Saint Paul, Minnesota, then make sure you don’t invest time or money into your business or your brand until an attorney conducts a comprehensive trademark search on your behalf.
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 St Paul and yet it can assist businesses from Minnesota in registering a federal Trademark because trademarks are governed under federal law.