Savannah, Georgia Businesses Use Cohn Legal for Trademark Services
Serving clients in Savannah, Georgia, the lawyers of Cohn Legal, PLLC have extensive experience with trademark law and intellectual property protection. Whether you need transactional services or are involved with more complex trademark matters, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates.
Top 6 Questions Savannah Businesses Have About Protecting a Trademark
How do I register a trademark?
Before you do anything else, you should conduct a clearance search to ensure that your desired mark is not too similar to a mark that’s already in existence. While it’s not required that you do this, it’s recommended as a best practice.
Once you feel confident that your trademark is unique, you would then file a trademark application with the USPTO using the Trademark Electronic Application System (TEAS).
Next, an examining attorney at the USPTO evaluates your application and checks their database to see if any marks that are similar to yours are already in existence. If the examining attorney finds any issues with your trademark or your application, then you’ll receive an office action, which lists those issues that need to be resolved. You’ll typically have 6 months to respond to the office action.
Once the office action is resolved, your trademark will then be published in the Trademark Official Gazette, the USPTO’s online newsletter, for a 30-day “opposition” period. Anyone may come forward during this 30 days and oppose your mark if they believe it will harm their business. If no one comes forward, then your trademark will move to the next stages of the approval process.
How long will my trademark registration last?
Trademarks have no expiration date. They will last forever if you continue to use the mark in commerce and file the appropriate maintenance documents as required by the USPTO. These documents are due every 5 or 10 years and the USPTO will send reminders. You may also consider hiring a trademark attorney who can stay on top of these due dates and file the appropriate forms on your behalf.
My competitor has not yet trademarked their logo. Can I register it for myself?
You may try to trademark a competitor’s logo or product name for yourself, but there’s no guarantee that you’d get it.
The mark may be protected under “common law” rights which does give limited protections to business owners even if their mark isn’t registered with the USPTO yet. Also, remember that you need to have a product or service to attach the trademark to. It’s best to speak with a trademark attorney about the advantages and disadvantages of trying to register a competitor’s mark.
Will my business need to register multiple trademarks with the USPTO?
Most likely, you’ll need to register multiple trademarks with the USPTO. For example, you will probably register one trademark for your business name, one for your logo, and one for the name of your service or product. The trademark attorneys at Cohn Legal Group can give you advice on a trademark strategy.
What is a specimen?
A specimen is a sample of your trademark that is provided to the USPTO as part of your trademark application. It shows how the trademark will be seen by consumers in commerce. You may submit a product label, a photo of the packaging, a website screenshot, or marketing materials in certain instances. Consult the trademark attorneys at Cohn Legal Group for guidance about specimens.
What is “use in commerce” versus “intent to use”?
When you file a trademark application on a “use in commerce” basis, you’re letting the USPTO know that you are currently using the trademark in the marketplace.
You may also file a trademark application on an “intent to use” basis, which lets the USPTO know that you are not using the trademark in commerce yet, but have a bona fide intention to do so in the near future. After receiving approval of your “intent to use” application, you’ll have 6 months to provide evidence to the USPTO that you are using the mark in commerce.
Why Trademark Registration Matters for Savannah Businesses
Savannah, Georgia is an exciting city with the perfect mix of southern charm, a vibrant art scene, and rich historical sites. It’s also got plenty of quirky, youthful energy thanks to its numerous colleges and universities including Savannah State University and the Savannah College of Art & Design.
Entrepreneurs know that Savannah is an ideal place to launch their new ventures. They are also very careful to stick to their budgets. While that is a smart idea, new business owners need to make sure they allot funds for trademark registration.
Imagine the following: Nicole is a recent graduate of Savannah State University with an idea to open up a homemade candy shop in the center of the city. She knows how much tourism traffic the area gets and thinks she can create a thriving business.
She calls her new store the Savannah’s Homemade Sweets and finds the perfect location in the business district. Before doing anything else, she contacts a trademark attorney. The attorney conducts a trademark search, finds no other similar marks and submits a trademark application to the USPTO. In the meantime, Nicole continues to develop her marketing plan, create a website, interview potential employees, and order store signage.
It’s a year later and Nicole is having a lot of fun with her new business. It’s a very popular spot with tourists and college students. She’s even thinking about expanding her offerings to include ice cream.
One day, she gets a call from her attorney. It turns out that there’s a candy store in New Jersey that just opened up with the same name as Nicole’s shop. The owner of the New Jersey shop is named Savannah.
Nicole’s lawyer tells her that he’s going to send a cease-and-desist letter to the New Jersey shop owner and demand that she stops operating under that name within 30 days. It only takes 2 weeks for the lawyer to get a response with proof that the New Jersey shop had, in fact, closed its doors.
As this story illustrates, the importance of hiring a trademark attorney to protect your legal trademarks and intellectual property through trademark registration cannot be overstated. It’s money well spent when starting your own business.
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 Savannah and yet it can assist businesses from Georgia in registering a federal Trademark because trademarks are governed under federal law.