Baltimore, Maryland Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC started as an auxiliary branch of 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
- Genericness
- Descriptiveness or misdescriptiveness
- Geographic significance
- Surname
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.
Why Trademark Registration Matters for Baltimore Businesses
The economy is booming in Baltimore, which makes it a great place to open a new business. If you’re an entrepreneur in the Baltimore area, make sure you don’t overlook trademark registration. It’s perhaps the most important step you can take to protect your brand and your business. Imagine the following: Penny decides to open up a paint your own pottery studio in downtown Baltimore. There’s nothing like it in town and she thinks it could be very popular. She envisions herself teaching classes, hosting kids’ birthday parties and just letting people explore their creative side.
She chooses the name Paint with Penny as the name of her studio. She Googles the name and sees that there are no other studios with that name in Maryland. Feeling excited, she gets to work.
Penny leases studio space, invests in signage, creates a website, and even orders smocks featuring her logo. Finally, the day of her grand opening arrives.
Penny’s business is quite successful at first. She’s booking several parties each weekend and hosting adult classes during the week. She’s seriously considering hiring some help when she gets some disappointing news. Penny receives a cease-and-desist letter in the mail.
A small arts and crafts manufacturer in Virginia Beach has a line of paints called Paints by Penny. They’ve trademarked the name and believe that the name of Penny’s studio, Paint with Penny, is too similar to the name of their product. Penny will have to close her shop and not reopen until she renames her business, which will be an expensive undertaking,
If you are starting a new business venture, then trademark registration should be your top priority. Never rely on a Google search to see if the name you want for your business is available.
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 Baltimore and yet it can assist businesses from Maryland in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Baltimore Businesses
Submit Your Trademark
Now in 4 Easy Steps
TRADEMARK INFORMATION
Complete the Trademark Registration Form.
PRELIMINARY SEARCH
Our IP Attorneys will run a search of your trademark in the USPTO.
TM APPLICATION
We draft your TM Application and send it to you for your Review.
USPTO
We File the Application with the USPTO.