State College, Pennslyvania Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is committed to providing business owners in State College, Pennsylvania with outstanding counsel when it comes to trademark law and intellectual property rights. Our attorneys have the requisite knowledge and expertise to handle transactional work, contract negotiations, and trademark prosecutions. While excellence in legal representation can be expected, we take greater pride in our ability to forge lasting bonds with our clients.
Top 7 Questions State College Businesses Have About Obtaining a Trademark
What is a trademark clearance search?
Before you submit an application for trademark registration, your attorney will conduct a trademark clearance search. There are two parts of a clearance search:
- A preliminary knock-out search. During a preliminary knockout search, your trademark attorney will search the USPTO database for any trademarks that are similar to your desired mark.
- A full search. A full search includes a preliminary knock-out search as described above but also involves looking at state trademark registrations, common law sources, and internet sources.
Can I submit a trademark application if I haven’t started doing business yet?
You can submit a trademark application before you start doing business. You just need to submit the application on an “intent to use” basis. That lets the USPTO know that you are not yet using your trademark in commerce, but you have a bona fide intention to do so in the near future.
If the USPTO approves your trademark, then you must show proof that you are using the mark in commerce within 6 months. If you still aren’t ready to use the mark after 6 months, then you can file a 6-month extension with the USPTO. The USPTO allows you to file a maximum of 5 extensions.
How can a trademark attorney help protect my trademark rights?
An attorney can help you protect your trademark rights by:
- Monitoring the marketplace for any instances of a third party who may be infringing on your trademark.
- Filing a lawsuit against anyone who may be infringing on your trademark rights.
- Ensuring all trademark maintenance documents are submitted to the USPTO on time.
- Providing ongoing advice and counsel regarding your trademarks and intellectual property.
What is a trademark office action?
If your trademark application is rejected by the USPTO, then you’ll receive an office action that lists the reasons why your application was rejected. Your trademark may be rejected if it’s too similar to an existing trademark, or there may be a technical error on your application.
Whatever the case, it’s important that you respond to office actions in a timely fashion. You can always contact a trademark attorney for advice if you are unsure of how to handle an office action.
Can I register my website domain name as a trademark?
You may register your website domain name as a federal trademark, but only when it is used to identify the source of products or services. Simply having a URL is not enough to register a trademark.
For example, 1-800-Flowers.com is a registered trademark because it identifies the provider of flower deliveries.
When can I use the ® symbol on my trademark?
You can legally use the ® symbol once your trademark is officially registered. You may use the TM symbol next to your product name or SM next to your service name if your trademark application is pending approval.
Is it better to file my trademark application as an individual or as a business?
Registering your trademark as either an individual or as a business is fine. However, registering your trademark as a business entity carries some distinct advantages that appeal to some business owners.
For example, if you register your trademark as a business entity, you won’t have to re-assign ownership of the trademark to someone else if you sell your business. Also, registering your trademark as a business entity prevents your personal details from being listed in connection with your trademark on Google and other search engines.
If you are unsure of how to file your trademark application, then consult with a trademark attorney.
Why Trademark Registration Matters for State College Businesses
State College, Pennsylvania is home to the main campus of the famous Penn State University. While thousands flock to Beaver Stadium each year to watch top-notch collegiate sports, there are also vineyards, museums, parks, and other attractions to check out.
With the college population plus ample tourism, entrepreneurs recognize an opportunity for success in State College. These entrepreneurs aren’t afraid to work hard, but they should not forget to register their trademarks early on in the process of starting their businesses.
Imagine the following: John and Mike are twin brothers who have recently graduated from Penn State University. They have the idea of opening a food truck together that exclusively sells breakfast sandwiches on bagels. They envision parking their truck outside of Beaver Stadium on game days and capitalizing on all of that foot traffic.
John and Mike have some savings and were able to purchase a food truck and have the name of their business, Twin Bagel Company, airbrushed on the side. They also developed marketing materials, created a website, and started a social media advertising campaign.
John thinks that they should register their trademark, but Mike is concerned that they don’t have enough money for that. The brothers decide to wait until their truck is turning a profit.
The boys are ready to open up their truck just as the following year’s football season starts. Their instincts were correct. People love their simple, but tasty breakfast sandwiches. The twins are thrilled with their success.
However, one day John and Mike receive a cease-and-desist letter in the mail from a business in Minneapolis named Twin City Bagel Company that’s planning to become a national chain. They registered their trademark over 10 years ago. The owners happened to see John and Mike’s social media advertising campaign and contacted their lawyer because they believed the names were too similar.
Now, John and Mike must shut down their successful operation and not reopen until they have renamed their business. That will be a time-consuming and expensive process and the twins are unsure they can withstand the loss.
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 State College and yet it can assist businesses from Pennsylvania in registering a federal Trademark because trademarks are governed under federal law.