Williamsburg, Virginia Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm with a strong emphasis on providing excellence in intellectual property protection for companies in Williamsburg, Virginia. Our trademark attorneys have the experience, skills, and passion to deliver work of truly extraordinary quality. We absolutely love helping businesses and startups build and protect their trademarks.
Top 8 Questions Williamsburg Businesses Have About Obtaining a Trademark
What is the definition of a trademark?
A trademark is a word, logo, slogan, symbol, sound, design, or any combination of these that when appearing with a product or a service, enables a customer to clearly identify the company that produces or sells the product or service.
For example, the trademarked brand name and logo for Campbell’s soup enables consumers to identify that brand of soup amongst a grocery store shelf full of Campbell’s competitors.
Will the USPTO alert me if someone else is infringing on my trademark?
The USPTO does not enforce trademark rights on anyone’s behalf. They review trademark applications and keep records of existing and pending trademarks, but they won’t monitor or enforce your trademark rights.
It’s your responsibility to scan the marketplace to ensure that no one else is infringing on your trademark. That can be a time-consuming task. That’s why many trademark attorneys, such as Cohn Legal Group, offer trademark monitoring services.
Can I file a trademark application before my business is up and running?
Yes, you may file a trademark application with the USPTO well before you begin business operations. Just be sure to file your trademark application on an “intent to use” basis. After you start using your logo in commerce, you’ll have to provide proof to the USPTO.
Does my one-person operation need a registered trademark?
If you’re an individual selling a single product or service, then trademark registration is an especially critical part of protecting your brand and your business.
Having a registered trademark means that you can invest in and grow your business with confidence. Also, having a registered trademark means you have legal recourse if some other entity infringes on your trademark.
In what ways can a trademark attorney help me?
A trademark attorney can help you by:
- Determining if your chosen trademark is eligible for legal protection.
- Submitting a complete and accurate trademark application with the USPTO.
- Selecting a specimen that shows the USPTO how your trademark will be used in commerce
- Responding to office actions.
- Representing you in court, if necessary.
- Monitoring the market to ensure your trademark isn’t being infringed upon.
- Submitting trademark maintenance documents to the USPTO by the required deadlines.
- Providing ongoing legal advice and counsel when it comes to your trademark and intellectual property rights.
Should I simply search the internet to determine if my desired trademark is available for use?
Conducting an internet search to determine if your desired trademark is available for use is not recommended.
Internet searches will identify exact matches of your search terms. Most trademark issues, however, arise when one trademark is too similar to another, but may not be an exact match.
The trademark attorneys at Cohn Legal can conduct a comprehensive search of many sources to identify if anyone is using a trademark that is similar to your desired mark.
How can I check on the status of my trademark application after I’ve submitted it?
It may take 3 to 6 months after you submit your application before you hear back from the USPTO. However, you can check on the status of your application.
After your trademark application is submitted to the USPTO, you’ll receive a serial number. Go to the Trademark Status and Document Retrieval System (TSDR), enter your serial number, and you’ll receive an update on the status of your application. Or, you may call 800-786-9199, provide your serial number, and get an update about the status of your application.
Can I trademark the design of my new car engine?
No. Trademarks do not extend to functional “tools” or products like a car engine. Instead, the owner of the car engine should seek patent protection in the USPTO.
Why Trademark Registration Matters for Williamsburg Businesses
Williamsburg, Virginia is widely known for being home to Colonial Williamsburg, a historic district where actors depict what life was like in the 1700s. Beyond that, you’ll find the prestigious William & Mary College, hundreds of fantastic restaurants, live music venues, art galleries, hip boutiques, and more.
With so many tourists and college students, smart entrepreneurs see the opportunities for success in Williamsburg. These new business owners need to ensure that they register their trademarks sooner rather than later.
Imagine the following: Giacomo a recent graduate of William & Mary College. He loves the town of Williamsburg and has the idea to set up his own car detailing business in town. He’ll go to customers’ homes or offices and detail their cars on-site. He calls his new business Williamsburg Auto Detailing.
He knows that registering his trademark with the USPTO is important, but he’s not concerned about that right now. He’s just a one-person operation and wants to get things started.
Giacomo moves forward with purchasing a van, developing a website, setting up social media accounts, and advertising online and in local papers. It’s not long before he starts getting contacted for his services.
His customers are very happy with his work and start referring Giacomo to their friends. Soon, he even brings a friend into the business to help him since he’s so busy.
Unfortunately for Giacomo, he’s about to get some unsettling news in the form of a cease-and-desist letter. There’s an auto detailing shop in the Williamsburg neighborhood of Brooklyn that has a name that is very similar to Giacomo’s business. However, the Brooklyn business registered the name of their business with the USPTO over 5 years ago. That means, they have every right to demand that Giacomo shut down his business and not re-open until he comes up with a new name.
Giacomo s devastated. Shutting down means he’ll lose his customer base and he’s not sure he’ll be able to re-open. Giacomo did not think trademark registration was important for his one-man operation, but it was actually the most important step he could have taken as he was starting out.
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 Williamsburg and yet it can assist businesses from Virginia in registering a federal Trademark because trademarks are governed under federal law.