Morgantown, West Virginia Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC proudly serves clients in Morgantown, West Virginia who need advice and counsel on trademark law and intellectual property protection. Whether you’re looking for cost-effective transactional services or are involved with trademark litigation, our attorneys are available every step of the way. Excellence in legal representation can be expected, but we also take pride in forming long-lasting connections with our clients.
Top 7 Questions Morgantown Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark identifies the source of a good or service. It can be a word, phrase, design, or even a sound that lets consumers know who the manufacturer or provider of a good or service is in a particular category.
Who needs a registered trademark?
Any business owners who are currently using a trademark in commerce or anyone who plans to start using a trademark in commerce in the near future should register their trademarks with the United States Patent and Trademark Office (USPTO).
What is the Trademark Electronic Application System?
The Trademark Electronic Application System (TEAS) is the online portal you would use to complete and submit a trademark registration application to the USPTO. The system is available 24/7.
What is a trademark office action?
After your trademark registration application is submitted to the USPTO, it’ll be reviewed by an examining attorney. If the examining attorney rejects your application for any reason, then you’ll receive a trademark office action, which lists the reasons why your application was rejected.
The reasons for the rejection could be errors in the application itself. Or, it may be that the examining attorney identified a larger issue with the actual trademark.
Whatever the reason may be that you received the office action, you’ll have 6 months to respond to the USPTO in writing. If you aren’t sure how to respond to any office action, then it’s best to contact a trademark attorney for assistance.
What if I disagree with an examining attorney’s rejection of my trademark application?
If you don’t agree with an examining attorney’s decision to reject your application, then you can appeal to the Trademark Trial and Appeal Board (TTAB). They’ll hear your argument and make a final decision on the matter.
It’s highly recommended by the USPTO that you hire a trademark attorney to represent you during these proceedings. TTAB proceedings can be complex and an attorney will help ensure you meet all required deadlines and provide all necessary documentation.
Can a trademark attorney conduct a clearance search for me?
Yes, a trademark attorney can conduct a comprehensive clearance search to let you know if your desired trademark is available to be registered. During a clearance search, an attorney will check the following sources:
- The USPTO database of registered trademarks
- Trademark registration databases in all 50 U.S. States
- Sources that list trademarks with common law protections
- Internet sources
What is a specimen?
A specimen is a sample of how you currently use your trademark in the marketplace. You are required to submit a specimen to the USPTO as part of your trademark application.
A specimen could be a sample of the packaging that shows your logo, a product label, or a website screenshot. If you are submitting a specimen for a service, then you may use marketing materials such as brochures that feature your logo.
Why Trademark Registration Matters for Morgantown Businesses
Morgantown, West Virginia is home to West Virginia University (WVU) and thousands of residents who are fervent fans of WVU’s football team, the Mountaineers. This charming city is located right on the Monongahela River and offers almost every outdoor activity available, from hiking to biking, to rafting, and more.
Small business owners in Morgantown have access to a loyal customer base who enjoy supporting local shops and restaurants. However, these same business owners need to be sure they don’t jeopardize their chances of success by overlooking trademark registration.
Imagine the following: Garrett has recently graduated from the University of West Virginia and is excited to begin the next chapter of his life. He reaches out to a friend and they decide to go into business together. They both love kayaking and rafting, so they decide to provide tours down the Monongahela River.
They call their new venture Rapid River Tours and start investing their money into equipment, marketing materials, a website, and more. It occurs to Garret that they should trademark the name of their business, but his business partner is hesitant. The two friends don’t have a lot of money and he wants to wait until they start turning a profit before spending money on trademark registration. Garret agrees and the friends move forward.
About two months later, Rapid River Tours is up and running. The friends are leading fun expeditions down the river for locals and tourists alike. Word is spreading that they know how to find the best whitewater around.
However, Garret and his friend are about to get some devastating news in the form of a cease-and-desist letter. It turns out that there is another river tour company with locations just over the border in Pennsylvania and in Delaware with the name Rapid River Adventures. They trademarked their name with the United States Patent and Trademark Office more than 6 years ago and are concerned about any possible confusion in the marketplace among consumers.
The letter demands that Garret and his business partner stop operating under their current name and not reopen until they’ve renamed their business. The letter also threatens legal action if they don’t comply.
If Garret and his friend had contacted a trademark attorney while they were setting up their business, the attorney would have conducted a clearance search. They would have learned about the existing company that had trademarked the name that they wanted. Then, they could have chosen a new, unique name for their business. In short, this all could have been avoided if the two friends consulted with a trademark attorney from the beginning.
Trademark registration is too important to put off until later. If you’re starting a new business, make sure trademark registration is at the top of your to-do list.
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 Morgantown and yet it can assist businesses from West Virginia in registering a federal Trademark because trademarks are governed under federal law.