Cambridge, Massachusetts Businesses Use Cohn Legal for Trademark Services
Proudly serving clients in Cambridge, Massachusetts, Cohn Legal Group is a boutique law firm that helps startups, entrepreneurs, and new businesses build and protect their trademarks. We’re here for you if you need help with transactional services, trademark litigation, and everything in between. Think of us as your legal consigliere, always ready to provide you with unsurpassed legal advice and smart strategies designed to protect your trademarks and intellectual property from infringement.
Top 8 Questions Cambridge Businesses Have About Obtaining a Trademark
What is the role of the United States Patent and Trademark Office?
The United States Patent and Trademark Office (USPTO) is a federal office that maintains records of existing and pending trademarks. The USPTO also accepts and reviews trademark applications. However, the USPTO does not enforce trademark rights. It’s the responsibility of each trademark owner to protect their own trademarks against infringement.
What is an office action?
An office action is a letter from the USPTO that lists the reasons why your trademark application was rejected. Your application could be rejected for major or minor reasons, but the most important thing is that you do not ignore an office action. The USPTO typically requests a response from you within 6 months. If you don’t respond by the deadline they may cancel the application. If you are unsure of how to respond to an office action, then contact a trademark attorney.
What is the Trademark Electronic Application System?
The Trademark Electronic Application System (TEAS) enables you to submit your trademark application to the United States Patent and Trademark Office (USPTO) through an online portal 24 hours a day, 7 days a week.
Please note that as of February 2020 the USPTO will only accept trademark registration applications submitted through TEAS.
Should I register my trademark if I’m a one-person business?
Absolutely. Every business, even small, one-person companies should register their trademarks with the USPTO. A strong trademark will protect you from competitors that may seek to infringe on your trademark rights.
Will hiring an attorney increase the chances that my trademark application gets approved?
Hiring a trademark attorney can increase the likelihood that your trademark application gets approved by the USPTO in several ways. A trademark attorney will:
- Ensure that your trademark application is complete and accurate before it’s submitted.
- Respond to office actions quickly.
- Choose an appropriate specimen that shows your trademark in commerce.
- Help you avoid common mistakes throughout the entire process.
What is a trademark clearance search?
Your attorney will conduct a trademark clearance search before you submit a trademark registration application to the USPTO to determine if your desired trademark is available for use. There are two steps to a clearance search:
- A preliminary knock-out search of the USPTO’s database to determine if your desired trademark or something similar is already registered by someone else.
- A full search of state trademark registrations, common law sources, and the internet.
If your desired trademark or something very similar is found during a trademark clearance search, then you’ll need to choose a new trademark for yourself.
Should I wait until my business is operational before registering my trademark?
There’s no need to wait until your business is up and running before you submit an application for trademark registration. If you anticipate that your business will be operational within the next 24 to 36 months, you can apply for trademark registration on an intent to use basis. That lets the USPTO know that you aren’t using the trademark yet, but will be. Talk to a trademark attorney to learn more about the advantages of filing a trademark registration application on an intent to use basis.
Do I need to hire a trademark attorney from my own state?
Trademarks are a federal matter, which means you can hire a trademark attorney from any state to assist you with trademark registration. You could live in Alaska and hire a trademark attorney in Florida if you wanted to.
Why Trademark Registration Matters for Cambridge Businesses
Cambridge, Massachusetts is practically synonymous with one of the most prestigious higher educational institutions in the country—Harvard University. Cambridge is where you’ll also find the Massachusetts Institute of Technology (MIT), Lesley University, and Cambridge College.
With so many intelligent, hard-working, and ambitious students graduating from these universities, it’s not surprising that so many of them go on to become entrepreneurs and business owners. However, even these smart individuals can often overlook the important step of registering their trademarks, which can lead to unintended consequences.
Imagine the following: Penelope and Simon are friends who both graduated from Harvard University a few years ago. They’ve decided to join together to start their own resume writing and employee recruiting firm.
They call their new business Premier Recruitment Services and lease a small office space close to Harvard Square. Penelope brings up the idea of trademarking the name of their business. Simon agrees that they need to pursue trademark registration, but reminds Penelope about the large “to-do” list they already have. The friends need to build a website, create a business plan, order marketing materials, purchase office equipment, and more. He recommends that they wait on trademark registration and Penelope agrees.
About 16 months later, Premier Recruitment Services is firmly established and quite successful. They have a reputation for delivering top-quality resumes and have a high success rate of matching candidates with the right job opportunities. Penelope and Simon are thrilled with how everything is going. However, the two friends are about to get some unsettling news.
One day, they receive a cease-and-desist letter in their mailbox. It turns out that there’s a recruiting firm in Connecticut called Premier Recruitment Partners. However, the Connecticut firm owns the trademark to their name and are concerned that the existence of Penelope and Simon’s firm may cause confusion in the marketplace. Therefore, they are well within their rights to demand that Penelope and Simon cease operations and rename their business before they open their doors again.
Penelope and Simon are devastated by the arrival of this letter. They’re not sure they’ll be able to sustain the business if they need to shut down, even for a short while.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.