College Station, Texas Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a specialized law firm that focuses specifically on the needs of startups, small businesses, and entrepreneurs in College Station, Texas. The startup and trademark lawyers of Cohn Legal act as your legal consigliere, providing you with the best advice and strategies to protect your intellectual property and business interests from infringement.
Top 7 Questions College Station Businesses Have About Obtaining a Trademark
Is there a difference between a trademark and a service mark?
Trademarks and service marks are essentially the same thing.
A trademark is a word, logo, design, slogan, etc. that’s used to identify and distinguish one company’s product from the competition. For example, Levis jeans and Apple computers are trademarks.
A service mark is used to identify and distinguish one company’s service from the competition. For example, Terminix pest control and Jiffy Lube auto maintenance are service marks.
What can I expect if I hire a trademark attorney?
If you hire a trademark attorney, you can expect him or her to:
- Conduct a trademark clearance search to ensure that your desired trademark is not being used by anyone else.
- Prepare a complete and accurate trademark application.
- Respond to office actions.
- Represent you in federal court, if necessary.
- Pursue legal action if someone is infringing on your trademark rights.
- Submit trademark maintenance documents to the USPTO by the required deadlines.
- Provide ongoing legal advice and guidance about your trademarks and intellectual property.
This is just a small list of the services a trademark attorney can provide. Please reach out to the trademark attorneys at Cohn Legal Group for more information.
How long will my trademark registration last?
Your trademark registration will last as long as you want. The USPTO only requires that you continue to use it in commerce and submit the proper maintenance documents by their required deadlines.
Five years after initial trademark registration, you are required to submit a Declaration of Use under Section 8 to the USPTO. Ten years after initial registration and every 10 years thereafter, you are required to submit a Declaration of Use and Application for Renewal under Sections 8 and 9.
The USPTO will send you reminders when these documents are due. If these documents are not filed on time, then your trademark registration may be canceled. You may hire a trademark attorney to stay on top of these deadlines and submit the required paperwork on your behalf.
How will I know if someone infringes on my trademark?
It’s your responsibility as the owner of your trademark to protect and enforce your trademark rights. The USPTO does not actively monitor the market for instances of trademark infringement.
What is a fanciful trademark vs. an arbitrary trademark?
Fanciful trademarks are made-up or invented words that exist only to serve as trademarks. For example, Snapple iced tea and Exxon gasoline are fanciful marks. The words have no real meaning when separated from their products.
An arbitrary trademark, on the other hand, is a real word that has a common definition. However, the everyday definition of the word isn’t relevant when it’s used to describe a product. Apple computers and Ivory soap are arbitrary trademarks.
What is TEAS?
The Trademark Electronic Application System (TEAS) enables you to submit your trademark application to the USPTO 24/7 through an online portal. As of February 2020, this is the only way the USPTO will accept trademark registration applications.
How can I check on the status of my trademark application?
You can check on the status of your trademark application by visiting the Trademark Status and Document Retrieval System (TSDR) or by calling the Trademark Assistance Center at 800-786-9199.
Why Trademark Registration Matters for College Station Businesses
Texas charm meets refined rustic style in College Station, Texas. Although it’s best known for being the home of Texas A&M University, business owners know that College Station has much more to offer. Downtown Bryan, for example, is where you’ll find antique shops, restaurants, art galleries, and boutiques.
It’s easy to see why startups and entrepreneurs would want to pursue their dreams in College Station. However, these new business owners need to make sure that they register their trademarks with the USPTO sooner rather than later.
Imagine the following: Richard is a recent graduate of Texas A&M University. He was a business major, but in his spare time he loved skateboarding. Now he wants to combine his business knowledge with his love of skateboarding by opening his own skateboard shop in Downtown Bryan. He plans to sell skateboards, accessories and clothing. He calls his new shop TCS Skateboards.
As a business major, Richard learned that registering trademarks was an important step for startups and new businesses. However, he also has about a million other things to take care of such as developing a business plan, ordering inventory, creating marketing materials, starting a social media campaign, and interviewing new hires. He decides that he can delay the trademark registration process until things are a bit calmer and he can focus just on that.
About a year later, TCS Skateboards is up and running. Richard’s new business is a hit with the college students and teens in and around College Station. His store has become the de facto supplier of all skateboard gear in the area.
Unfortunately, Richard’s business is about to grind to a halt. One day, he gets a cease-and-desist letter in the mail from a company in Santa Cruz, California that designs and manufactures skateboard decks. The name of the Santa Cruz company is similar to the name of Richard’s store, however, they trademarked the name about 15 years ago.
While the California company is not a retail store like TCS Skateboards, the two companies are in the same industry. Therefore, the California company has every right to ask Richard to shut down his operations and not reopen until he renames his store.
Richard is devastated. He realizes that this will be a very time-consuming and expensive process. Plus, he’s worried that he may lose loyal customers during the time he’s shut down. He decides that it’s time to contact a trademark attorney for advice.
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 College Station and yet it can assist businesses from Texas in registering a federal Trademark because trademarks are governed under federal law.