Iowa City, Iowa Businesses Use Cohn Legal for Trademark Services
Cohn Legal PLLC is a startup and trademark legal firm providing service to clients in Iowa City, Iowa. Cohn Legal attorneys operate with the singular goal of acting as your legal consigliere, continuously striving to provide you with the best legal advice and strategies to protect your trademarks and intellectual property.
Top 9 Questions Iowa City Businesses Have About Obtaining a Trademark
What is a fanciful trademark?
Fanciful trademarks are words that have been made up to specifically be a trademark. The word has no other meaning outside of its use as a trademark. For example, Lego, Pepsi, and Frigidaire are all fanciful trademarks.
What is the USPTO?
The United States Patent and Trademark Office (USPTO) is the federal office that reviews trademark applications for eligibility and maintains records of existing and pending trademarks. Contrary to popular belief, they do not enforce trademark rights. It’s your responsibility as the owner of the trademark to monitor the market and protect your rights to your trademark.
When should I register my trademark?
As soon as you have an idea for a name, logo, design, etc., then start the trademark registration process. The trademark registration process will help reveal if any entity has already registered something similar to what your desired trademark is. If that’s the case, it may be frustrating, but it’s better to find out before you invest in marketing materials, signage, product labels, etc. Once you settle on a logo that is unique, then you can invest in your brand with confidence.
What is the importance of a priority date?
Your priority date is the date that you trademark application is submitted to the USPTO. Your application takes priority over all other applications that are submitted after yours. It provides some limited protections even while your trademark approval is pending.
What is a specimen?
A specimen is a sample of how your trademark is used in commerce that you submit to the USPTO. A specimen could be a product label, a website screenshot, or a sample of your packaging. If you’re selling a service and not a product then you may submit marketing brochures, flyers, or website screenshots. Consult a trademark attorney if you’re unsure about choosing an appropriate specimen.
Will the chances of my trademark application being approved increase if I work with a trademark attorney?
Working with a trademark attorney will greatly increase the chances that your trademark application will be approved. A trademark attorney knows the ins and outs of the USPTO and can help you navigate around common pitfalls.
Your attorney will fill out an application that’s complete and accurate, choose an appropriate specimen, and know how to respond to any office actions. A study published by the University of North Carolina showed that trademark applications submitted with the aid of a trademark attorney were 50% more likely to get approved.
What must I do in order to maintain my trademark’s registered status?
In order to maintain your trademark’s registered status, you must:
- Continue to use your trademark in interstate commerce.
- File the appropriate maintenance documents as required by the USPTO every 5 or 10 years.
- Make sure the USPTO always has your current contact information on file.
If you fail to follow through on these steps, then you run the risk of having your registration canceled.
What is the Trademark Electronic Application System used for?
The Trademark Electronic Application System (also known as TEAS) enables you to submit your trademark application to the USPTO and pay any associated fees online. You may access TEAS 24/7.
Do have to sell or intend to sell a product or service in order to obtain a trademark?
You can’t just trademark a business name, product name, slogan, or logo without having a product or service to attach it to. Remember, when registering a trademark, the USPTO will want to see evidence that you’ve made a meaningful number of sales of a product or service under the banner of your trademark.
Why Trademark Registration Matters for Iowa City Businesses
Iowa City, Iowa is emerging as one of the coolest cities in the Midwest. You’ll find independently owned shops and boutiques, museums and libraries, farm-to-table restaurants, and plenty of wide-open space for hiking and biking. Clean, safe, and friendly, it’s no wonder entrepreneurs come to Iowa City to follow their dreams.
Business owners in Iowa City know what it takes to start and run a successful business. There’s product development, marketing plans, social media strategy, hiring employees, etc. These new business owners should also remember to register their trademarks with the USPTO early on in the process if they really want to be successful.
Imagine the following: Bonnie recently graduated from the University of Iowa. As a student, she loved hiking along the Coralville Nature Trail and the Iowa River Corridor. She enjoyed the trees, the fresh air, and the chirping birds. What she didn’t enjoy, however, were the bugs.
Bonnie developed an all-natural bug repellent for herself that worked very well. She shared it with friends who thought it was a great product and encouraged Bonnie to try selling it. Bonnie was emboldened by her friends’ encouragement so she moved forward.
She names her all-natural bug spray Bonnie’s Bug Off. Then, she takes the important step of contacting a trademark attorney. The attorney helps Bonnie conduct a trademark clearance search and submit an application to the USPTO to register the name of her product as a trademark.
While she’s waiting for the USPTO’s response, Bonnie sets up a website to sell her new product, opens social media accounts, and orders bottles, labels, and supplies. She takes her time to build up an inventory of Bonnie’s Bug Off.
Several months later Bonnie’s attorney lets her know that her trademark has been approved. Bonnie opens up her online store and word of mouth quickly spread. She’s selling her bug spray all over the country. Bonnie is thrilled with the success she’s having.
The lesson here is to always register your trademark as early as possible when starting a new business. It’s the only way to ensure you have the exclusive right to use your mark and that you are not possibly infringing on anyone else’s trademark.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.