Bloomington, Indiana Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm that serves business owners and entrepreneurs in Bloomington, Indiana. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance about their trademarks and intellectual property at cost-effective rates. Whether you need transactional services or you want to build your brand from the ground up, we’re here for you.
Top 9 Questions Bloomington Businesses Have About Obtaining a Trademark
Am I required to conduct a trademark search before submitting an application?
There’s no requirement or mandate that says you must conduct a trademark search prior to submitting your trademark application. However, it’s wise to do so. A trademark search will reveal if your trademark is similar to existing trademarks. If that’s the case, you’ll need to change your mark to ensure it is more unique before submitting an application.
What is a fanciful trademark?
A fanciful trademark is a made-up word that was invented for the sole purpose of being a trademark. The word has no meaning when not connected to a product. Pepsi, Oreo, and Kleenex are all examples of fanciful trademarks.
I’ve already submitted my trademark application. Can an attorney still help me?
If you’ve already submitted your application to the USPTO, a trademark attorney can still help you in many ways.
For example, a trademark attorney will:
- Respond to office actions from the USPTO.
- Give advice on registering other trademarks you may have.
- Submit trademark maintenance documents when required.
- Bring a lawsuit against anyone infringing on your trademark rights.
- Represent you in court, if needed.
Is my trademark registration valid outside of the U.S.?
Once your trademark is registered with the USPTO, it is protected in all 50 states and all U.S. territories. However, it’s not protected in countries outside of the United States. If you need to have your trademark protected in another country, then talk to a trademark attorney for guidance.
What is the Trademark Electronic Application System?
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.
What types of trademark applications are there?
The USPTO has three different types of trademark applications, each with its own fee
- The TEAS Plus Filing option is $225 per class of products or services.
- The TEAS Reduced Fee option is $275 per class of products or services.
- The TEAS Regular Filing option is $400 per class of products or services.
Be sure to consult with an attorney if you are unsure of which type of application to use.
Should I first register my logo or my company name?
Many new businesses have limited funds and can only afford to register one trademark at first. If you’re in a similar situation, then you should first trademark the name of your company in a plain typeface. That trademark will protect the name of your company regardless of what font or typeface is used. The next thing you should trademark when the funds are available is your company’s logo.
How can I check on the progress of my trademark registration application?
After you submit your application to the USPTO, you’ll receive a serial number.
To check on the status of your application, you may go to the Trademark Status and Document Retrieval System (TSDR) and enter your serial number. Or, you may call 800-786-9199 and provide your serial number to get an update.
Do I have to hire a local trademark attorney?
There’s no requirement that says you have to hire a local trademark attorney. Trademark registration is a federal matter so you can hire a trademark attorney anywhere in the country to assist you.
Why Trademark Registration Matters for Bloomington Businesses
Bloomington, Indiana is most famous for its gorgeous outdoor landscapes and being home to Indiana University (go Hoosiers!). A city that’s not too big, but not too small, Bloomington is the perfect location for residents and tourists.
Entrepreneurs in Bloomington know what it takes to start a successful business. There’s developing the product, crafting business plans, finding real estate, creating a marketing strategy, and more. The only thing new business owners may not remember to take care of is registering their trademark with the USPTO. Forgetting trademark registration usually proves to be a costly mistake.
Imagine the following: Serge is an alumnus of Indiana University who has an interest in real estate. He wants to start flipping houses in the Bloomington area on a full-time basis. Serge brings in his friend Danny who’s a contractor to help him. The plan is for Serge to scout out properties and handle the buying process, and then have Danny and his crew handle the renovations.
The friends create an LLC and call their new business Bloom Properties. Danny and Serge wonder if they should pursue registering their trademark. However, they finally conclude that it’s not necessary. After all, they have an LLC, not to mention a “to-do” list that’s a mile long. They’ll return to the topic of trademark registration when things are running a bit more smoothly.
For about a year, Serge and Danny are doing great. They’re really understanding the ins and outs of the Indiana housing market and how to find the best deals. Serge starts to think that he may want to hire some help. However, that’s when some bad news arrives in the form of a cease-and-desist letter.
It turns out that there’s another real estate company in the northeast with a similar name. This company, however, registered their trademark with the USPTO more than 5 years ago. That means they are well within their rights to contact Serge and Danny and demand that they stop using the name Bloom City Properties. The northeast company even threatens legal action if they don’t comply.
The two friends are devastated. It feels like they were just starting to see some success and now they don’t know what the fate of their business will be.
If Serge and Danny had gone to a trademark attorney as they were starting their business, they could have avoided these legal entanglements. They also would have learned that creating an LLC doesn’t have anything to do with protecting your trademarks. The only way to protect your trademark is to make sure it’s registered with the USPTO.
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 Bloomington and yet it can assist businesses from Indiana in registering a federal Trademark because trademarks are governed under federal law.