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for Baltimore MD
Baltimore, Maryland Businesses Use Cohn Legal for Trademark Services
* Cohn Legal, PLLC is not located in Baltimore and yet it can assist businesses from Maryland in registering a federal Trademark because trademarks are governed under federal law.
Cohn Legal, PLLC started as an auxiliary branch of Howard M. Cohn & Associates, an international Intellectual Property firm that has provided legal protection to some of the biggest technology companies in the world. Today, Cohn Legal, PLLC is servicing clients in Baltimore, Maryland, the broader Tri-State area, and countries around the globe.
Top 9 Questions Maryland Businesses Have About Obtaining a Trademark
Do I need to conduct a trademark search before filing my application?
While there is no mandate that says you must conduct a trademark search before submitting your trademark application, it is undoubtedly wise to do so. A proper trademark search will help uncover any sufficiently similar trademarks, which may block the approval of your desired trademark.
How long does the trademark application process take?
It is important that you file your trademark application as soon as possible in order to obtain the earliest possible filing date.
Once you submit your application, you should hear back from the USPTO within 3 to 6 months. If your trademark is found to be eligible for registration, then it will take about an additional 2 months for it to be fully approved. So the entire process could take 5 to 8 months, roughly.
If your trademark is found to be ineligible for registration, the entire process could take much longer as you address issues that were outlined by the USPTO.
Can I request an expedited approval of my trademark registration?
Generally, you can’t request an expedited approval of your mark. However, are certain circumstances in which the application process can be expedited. Specifically, in matters of litigation, the possibility of trademark infringement, or when there exists a unique need to obtain a U.S. trademark to procure a foreign registration. If any of these scenarios apply to you, then it’s best to consult with a trademark attorney before requesting an expedited review.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This is the online portal you can use to submit trademark applications to the USPTO and pay fees. TEAS is easy to use and gives you 60 minutes to complete your application, which should be more than enough time.
What is a trademark Office Action?
If the examining attorney at the USPTO decides that your desired trademark is ineligible for registration, or if the examiner requires additional information before deciding on the mark’s eligibility you will receive an Office Action.
An Office Action lists the reasons that your trademark application was rejected, which may include:
- Amendment of the identification of goods/services in an application required
- Substitute specimen required
- Likelihood of confusion
- Descriptiveness or misdescriptiveness
- Geographic significance
What should I do if I receive an Office Action?
If you receive an Office Action, then contact a trademark attorney. Office Actions can be complicated and your trademark lawyer will help you determine the exact nature of the Office Action and what to do about it. If the issues are substantive, then your trademark attorney will need to draft a legal argument addressing the issues raised in the Office Action.
Is there a difference between a trademark and a service mark?
There’s not much difference. A trademark is a word, logo, slogan, sound, and/or design that when attached to a product, enables a consumer to identify the company which produces the product.
A service mark is a word, logo, slogan, sound, and/or design that when attached to a service, enables a consumer to identify the company which produces the service.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication that comes out every Tuesday. It includes information about trademarks that have been approved. Once a trademark is published in the OG, a third-party has 30 days to come forward and oppose the trademark.
What is a specimen?
A specimen is a sample of how you intend to use your trademark that you submit to the USPTO as part of your trademark application. Product labels, signage, packaging, flyers, sell-sheets, website screenshots, etc. are all acceptable samples or “specimens.” If you’re unsure what you should submit, then consult a trademark attorney.
Additional Information on Trademark Registration for Baltimore Businesses
Baltimore attracts young, hip entrepreneurs and is also home to many established businesses. The one thing that all of these businesses have in common is their need for a strong trademark.
However, strong trademarks aren’t just handed out. Savvy business owners know that trademarks need to be registered with the USPTO and require diligent protection to keep others from copying their mark.
Consider this scenario:
Nicole is a baker who specializes in fried dough. She started out frying dough for passersby at a stand near the inner harbor. The name of her stand was simply Fried Dough Stand.
Now, Nicole just signed a lease on her first brick-and-mortar bakery in Canton. She knows it’s time to come up with a new name. Fried Dough Stand is too generic.
She decides on the name “Españurros” for her bakery, based on a mix of the words “español” and “churros.” This is a strong mark and a good choice for Nicole. It does not describe the products directly and a consumer would not easily connect “Españurros” with a bakery selling fried dough. She contacted a trademark attorney and asked him to conduct a comprehensive trademark search. The search revealed that no mark or similar mark is registered or pending approval.
Nicole’s trademark attorney advised that she move forward with a trademark application to the United States Patent and Trademark Office. Knowing that it would take about 8 months to get final approval, Nicole held off on printing menus, store signage, or anything else with the name of the shop on it. She didn’t want to invest a dime until she was sure the mark was hers.
A few months later, Nicole got the trademark and moved forward with confidence knowing that she had her brand. Her attorney congratulated her and advised her to monitor the USPTO and the marketplace to ensure no one is infringing on her trademark rights. He also reminded her to keep the trademark in use, because if she stops, then she could lose rights to the trademark.
Trademark protection is an ongoing process, but successful business owners like Nicole know the value of their brands and why it makes sense to develop strong, protectable trademarks.
At Cohn Legal, we can assist you in conducting a trademark search and securing the federal rights to your trademark. Contact the attorneys at Cohn Legal for a free, no obligation trademark consultation.
Trademarks Services for Baltimore Businesses
Submit Your Trademark
Now in 4 Easy Steps
Complete the Trademark Registration Form.
Our IP Attorneys will run a search of your trademark in the USPTO.
We draft your TM Application and send it to you for your Review.
We File the Application with the USPTO.