Somerville, Massachusetts Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm that assists clients in Somerville, Massachusetts with a variety of trademark and intellectual property law matters and corporate transactional work. The trademark attorneys at Cohn Legal love working with entrepreneurs to help them build strong, unique brands and corporate identities from the ground up. At the end of the day, we strive to make our clients’ lives easier.
Top 7 Questions Somerville Businesses Have About Obtaining a Trademark
What is the USPTO?
The USPTO is the United States Patent and Trademark Office. The examining attorneys at this federal office receive and review trademark applications and decide whether to approve or reject them.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This online portal enables you to submit your trademark application to the USPTO and pay your application fees.
What are International Classes?
The USPTO classifies 47 groups of goods and services as “International Classes.” Depending on the goods or services your business offers, you may register in one class or several classes. An experienced trademark attorney can help you draft your list of goods and services to ensure you are filing in the right classes.
If I hire a trademark attorney, will that increase my chances of getting my trademark application approved?
Hiring a trademark attorney may help you get your trademark application approved more easily. A trademark attorney knows the ins and outs of the trademark registration process and can help you avoid common pitfalls. Plus, your application will be submitted accurately and completely which will help it move through the process more quickly.
In fact, a study by the University of North Carolina found that trademark applications submitted to the USPTO with the assistance of a trademark attorney were 50% more likely to be approved.
What is a clearance search?
A clearance search is conducted to determine if your desired trademark is available for use. There are two phases of a clearance search.
- A preliminary knock-out search is a search of the USPTO’s records. If your desired trademark or something similar is already registered by someone else, you’ll have to choose a new trademark.
- A full search will include a knock-out search as described but also involve searching state trademark registrations, common law sources, and the internet.
What are the USPTO’s “Rules of Professional Conduct”?
All attorneys who practice before the USPTO must abide by the Rules of Professional Conduct, which require that any attorney representing you:
- Has the knowledge and skill to competently represent you.
- Consults with you and keeps you informed about the status of your trademark matter.
- Does not make false statements of fact or law to the USPTO.
Make sure that the attorney you hire understands and abides by these rules of conduct.
What are the differences between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are words that are made up or invented for the sole purpose of acting as a trademark. Examples of fanciful trademarks are Oreo cookies, Kleenex tissues, and Exxon gasoline.
An arbitrary trademark is a real, common word with a definition. However, when used as a trademark the real definition of the word has nothing to do with the product it is identifying. Apple computers, Comet cleanser, and Wonder bread are all examples of an arbitrary trademark.
Why Trademark Registration Matters for Somerville Businesses
Located just 2 miles outside of Boston and very close to Harvard University, Cambridge College, MIT, Tufts University, and other prestigious names in higher education, it’s no wonder Somerville was recently named “coolest suburb in America.” It’s a densely populated and vibrant city buzzing with youthful energy.
It’s easy for entrepreneurs to see the potential for success in Somerville. New business owners aren’t afraid to work hard and often take on a “do-it-yourself” mentality when it comes to starting a business. However, entrepreneurs should not handle the trademark registration themselves. They really do need to contact a trademark attorney to ensure that it’s done right.
Imagine the following: Claire recently graduated from Tufts University with a degree in Computer Science and is looking to start her own business with her friend Stacey who majored in marketing. The two friends love thrifting and that gave them an idea for a new mobile phone app that they are calling ThreadSwap.
The app enables users to trade clothes with other users. They can post pictures, communicate through an in-app chat feature, and even work out the shipping and handling costs. Claire and Stacey believe in the idea and get to work on the details. Claire asks Stacey if they should look into trademarking the name, but Stacey doesn’t think that’s necessary. She decides they should just search for the name of the business online. No matches for her search terms pop up so Stacey decides that the name is available for them to use.
It’s about 6 months later and the app has gone live. There are over 60,000 downloads already and more users get online every day. People love the app and the two friends are bringing in a good deal of advertising revenue. They are thrilled with their success.
Unfortunately, Claire and Stacey are about to get some tough news in the form of a cease-and-desist letter. There’s another app that is about to come online with a very similar name to their app. That app hadn’t launched yet, but the developer behind it did register their trademark with the USPTO about 1 year ago on an “intent to use” basis.
The fact that the app had yet to launch explained why Stacey could not find it with a Google search. Now, the two friends must disable their app and not re-launch until they come up with a new name.
Claire and Stacey are devastated that they’ll have to shut down their successful app. They’re not sure they’ll be able to recover. If the two friends had contacted a trademark attorney at the start of their venture, the attorney would have conducted a robust clearance search, and advised them to choose another name that would not infringe on the trademark rights of another app developer.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.