Brunswick, Georgia Businesses Use Cohn Legal for Trademark Services
Proudly serving clients in Brunswick, Georgia, and the surrounding area, the lawyers of Cohn Legal Group have extensive experience with trademark law and intellectual property protection. Whether you’re a startup business that needs transactional services, or you’re an established business that’s contending with more complex trademark matters, we will provide you with exceptional legal guidance and representation at cost-effective rates.
Top 6 Questions Brunswick Businesses Have About Obtaining a Trademark
How do I go about registering a trademark?
To register a trademark, you would first file a trademark application with the United States Patent and Trademark Office (USPTO). The USPTO accepts trademark applications through the Trademark Electronic Application System (TEAS), which is their online portal. Once you complete and submit the application through TEAS, you’ll get a confirmation notice.
Next, an examining attorney at the USPTO will evaluate your application and check the USPTO database to see if any marks that are similar to yours are already in existence.
If the examining attorney finds any issues with your desired trademark or the application itself, you’ll receive an office action listing what those issues are. You’ll typically have 6 months to resolve the issues to the satisfaction of the USPTO.
Once the office action is resolved, or if there were no issues with your application, the examining attorney will approve your trademark to be published in the Trademark Official Gazette for a 30-day “opposition” period. Anyone may come forward during this time period and formally oppose your mark if they believe it will harm their business or infringes on their trademark rights.
If no one comes forward, then your trademark will move to the next stages of the process towards final approval.
When will my trademark registration end?
Trademarks can last for as long as you want them to. Just be sure to continue to use the mark in commerce and file the appropriate maintenance documents as required by the USPTO.
The USPTO will send reminders when these maintenance documents are due. However, generally speaking, the first maintenance document is due about 5 years after your initial trademark registration is approved. The second maintenance document is due about 10 years after the initial trademark registration is approved. All subsequent maintenance documents are due at year 20, year 30, year 40, etc.
Can I register a competitor’s logo for myself if they haven’t trademarked it?
It’s recommended that you first speak with a trademark attorney about the advantages and disadvantages of attempting to register a competitor’s trademark.
Even if your competitor’s mark isn’t registered with the USPTO, the mark may be protected under certain “common law” rights, which does give limited protections to business owners even if their mark isn’t registered with the USPTO. Therefore, trying to register your competitor’s mark may not be as simple as you think.
Should my company register more than one trademark?
Most likely, your company will need to register multiple trademarks with the USPTO. For example, you’ll at least want to trademark your business name, your logo, and the name of your service or product. The trademark attorneys at Cohn Legal Group can give you sound advice on a trademark registration strategy.
Am I required to hire a trademark attorney that is located in my state?
There’s no reason that you need to hire a trademark attorney within your state of residence. Since trademark registration is a federal matter, you can hire a trademark attorney anywhere in the United States to assist you.
What is the difference between “use in commerce” and “intent to use”?
When you file a trademark application on a “use in commerce” basis, that means that you are currently using your trademark when selling your goods and services.
When you file a trademark application on an “intent to use” basis, that means you are not using your trademark in commerce yet, but you do have an intention of doing so in the near future. If the USPTO approves your “intent to use” application, you’ll need to provide evidence to the USPTO that you are using the mark in commerce within 6 months.
Why Trademark Registration Matters for Brunswick Businesses
Brunswick, Georgia is practically synonymous with the shrimping industry. It was once known as the “Shrimp Capital of the World” and it’s still one of the best locations in the United States to find the biggest and tastiest shrimp. Brunswicks’ fabulous seafood restaurants; colonial charm; and clean, safe neighborhoods attract tourists, residents, and business owners alike.
Entrepreneurs understand what it takes to be successful in Brunswick. There’s product development, vendor relationships, finding a commercial property, a sound marketing plan, and more. What they often overlook, however, is trademark registration, which is a big mistake.
Imagine the following: Natasha is a recent graduate of The College of Coastal Georgia with a degree in business. She has always wanted to open her own tea shop. She finds a storefront near Goodyear Park, a perfect location in her opinion. She assumes she’ll get a lot of foot traffic near her shop.
She calls her new shop PositiviTea. Her friends love the name and ask if she’s going to trademark the name. Natasha is concerned about her budget so she decides to hold off on pursuing trademark registration until her business is up and running.
Natasha then gets to work renovating her shop, creating a marketing plan, developing a website, and setting up social media accounts.
Just about 6 months later she’s ready to open her doors. He customers love stopping by her quirky shop to enjoy a cup of tea and a pastry. She also sells bags of tea online to customers all across the country. Things are going well when Natasha gets some not-so-positive news in the form of a cease-and-desist letter.
There’s an online retailer called Positive Teas that is selling loose teas to customers across the country as well. However, they did register their trademark right when they started their business. They think the name of Natasha’s shop is too similar to theirs. That’s why they have every right to ask Natasha to shut down her business and not reopen until she comes up with a more unique name.
This will be a time-consuming and expensive endeavor. Once she shuts her doors, Natasha isn’t sure she’ll be able to open back up.
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 Brunswick and yet it can assist businesses from Georgia in registering a federal Trademark because trademarks are governed under federal law.