Wellesley, Massachusetts Businesses Use Cohn Legal for Trademark Services
Proudly serving clients Wellesley, Massachusetts, Cohn Legal Group is a legal firm specializing in trademark and intellectual property law. Cohn Legal attorneys love helping startups and entrepreneurs build strong, unique brands from the ground up. We operate with the singular goal of acting as your legal consigliere, continuously striving to provide you with the best legal advice and strategies to protect your trademarks and intellectual property.
Top 7 Questions Wellesley Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a word, logo, slogan, design, or even a sound that is attached to a product or service that identifies to consumers who is producing or providing the product or service. For example, seeing the Levis brand lets consumers know who produced a particular pair of jeans on store shelves.
What is the TEAS system?
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.
I’m a one-person business. Do I need to register my trademark?
Every business should register and protect their trademarks. Even one-person operations should protect their intellectual property by applying for trademark registration with the USPTO. A strong trademark gives small businesses the confidence to invest in their brand and grow.
Can hiring an attorney increase the chances that my trademark application gets approved?
Hiring a trademark attorney can, in fact, help you get your trademark application approved more easily. First of all, a trademark attorney will help make sure that your application is complete and accurate before it’s submitted, which will help it move through the approval process more quickly. Plus, an experienced attorney knows the ins and outs of the trademark approval process and helps you navigate around common pitfalls.
A recent study by the University of North Carolina found that trademark applications submitted to the USPTO with the assistance of a trademark attorney were 50% more likely to be approved.
What is a trademark clearance search?
A trademark clearance search is conducted by you or your attorney before you submit an 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 records to determine if your desired trademark or something similar s 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 to it is registered by someone else, you will have to alter your trademark or choose a new one altogether.
What are the USPTO’s “Rules of Professional Conduct”?
The USPTO has Rules of Professional Conduct for any attorneys that represent clients during USPTO transactions or at USPTO hearings. The Rules of Professional Conduct require that the attorney:
- Has the knowledge and skill to competently represent you.
- Keeps you informed about the status of your trademark matter on a regular basis
- Does not make false statements (i.e., lie) to the USPTO.
Make sure that the trademark attorney you hire understands and abides by these rules of conduct.
What are the differences between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are invented words that have no meaning other than when they are used to identify a product. Examples of fanciful trademarks are Eggo waffles, Kleenex tissues, and Exxon gasoline.
An arbitrary trademark, in comparison, is a real, common word that carries an everyday definition. However, when the word is used as a trademark, the real definition of the word is no longer relevant. Wonder bread is an example of an arbitrary trademark. Wonder is a real word, but when applied to bread, the meaning of the word becomes arbitrary.
Why Trademark Registration Matters for Wellesley Businesses
Wellesley, Massachusetts is a true college town. It’s probably most famous for being home to two prestigious institutions of higher learning: Wellesley College and Babson College. In addition, there are outdoor music festivals, 25 miles of hiking trails, and once a year, thousands of Boston Marathoners run through the city on their way to the finish line.
It’s easy for entrepreneurs and startups to see the potential for success in Wellesley. The college student population, plus steady tourism supplies a consistent customer base. Of course, new business owners should put trademark registration at the top of their to-do list if they want to be truly successful.
Imagine the following: Trevor is a recent graduate of Babson college with a degree in Computer Science. He has dreams of being a video game developer, but he also wants to be his own boss.
Trevor has connections in the gaming industry through internships, so he lets his contacts know that he’s available for freelance work. He also starts marketing his services under the business name Rovert Game Consulting. Trevor builds a website, sets up accounts on social media, advertises his services on relevant websites.
It doesn’t take too long for Trevor to start getting a few steady clients. He’s making a good living and feeling confident. His father asked Trevor if he was going to trademark the name of his business. Trevor has heard about trademark registration, but as a one-person operation, he doesn’t think it’s necessary.
About 8 months later, Trevor receives some unsettling news. In his mailbox, he finds a cease-and-desist letter from a small game design company based in San Diego. The letter informs Trevor that the name of his business is too similar to theirs and is causing confusion in the marketplace. They demand that Trevor stop operating his business using his current name and not restart until he’s renamed his business. The San Diego Company even threatens legal action if Trevor doesn’t comply.
Trevor is devastated by this development. If he stops operating his business now, he’ll risk losing clients. But at the same time, he doesn’t want the other company to take him to court. Trevor decides that it’s time to contact a trademark attorney for advice on how to handle this situation.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.