Boise, Idaho Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a trademark law firm that focuses on providing excellence in intellectual property protection for startups and entrepreneurs in Boise, Idaho, and all 50 states. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates. While excellence in trademark protection is expected, we take greater pride in our ability to create lasting relationships with our clients.
Top 7 Questions Boise Businesses Have About Obtaining a Trademark
What does the USPTO do?
The United States Patent and Trademark Office (USPTO) reviews trademark applications and determines if they meet the requirements to be federally registered. They also maintain the database of all approved and pending trademarks.
What does the USPTO not do?
It’s important to know what the USPTO does NOT do. The USPTO will not:
- Decide if you have the right to use a trademark.
- Alert you to another entity infringing on your mark.
- Bring legal action against anyone infringing on your mark.
- Conduct trademark searches that are not part of their review of a submitted application.
- Give legal advice.
- Answer questions about the eligibility of a mark before an application is submitted.
For all legal questions about your trademark, you should work with a trademark attorney.
Why should I do a trademark search before filing my trademark application?
It’s very important to conduct a full trademark search before you file an application because you might identify potential problems with your mark.
For example, a search may reveal that your desired mark is too similar to a trademark that’s already registered or one that is pending approval. It may also reveal that your mark is too generic or descriptive for registration. In these cases, you’ll have to adjust your mark to make it stronger and more unique.
You want to identify these issues before you file your application and pay the associated fee. The USPTO won’t refund your fee if your application is rejected.
What are the benefits of hiring a trademark attorney to represent me?
A U.S.-licensed trademark attorney can help you before, during, and after the trademark application submission process.
An attorney can conduct a comprehensive search before you submit an application to ensure that your desired mark is available for trademark registration. When you do file your application, an attorney can determine the filing basis for your application, choose an acceptable specimen, and respond to questions or rejections that may come from the USPTO.
After your mark is registered, an attorney can make sure you maintain your federal registration by filing the appropriate documents with the USPTO within the required deadlines. The attorney will also monitor the market to ensure no one is infringing on your mark.
Can I register a mark that I am not using yet, but will be soon?
Yes, if you have plans to use your trademark in the near future, then you can submit a trademark application on an “intent to use” basis. The USPTO will want to see proof that you have a bona fide intent to use the mark. Having a business plan or creating prototypes of your products would reflect your bona fide intention to use your mark. Once you are using your mark in commerce, then you’ll have to file additional documentation with the USPTO.
Will I receive communications from the USPTO after I file my application?
Yes, after your application is filed, you will receive communications from the USPTO via email.
You’ll first receive a receipt that shows you filed your application. Then you’ll continue to receive other communications about your application from the USPTO, as required. These other communications may include Office Actions, Notices of Publication, etc.
It’s important to make sure that the USPTO has accurate email addresses for both you and your attorney.
Will my filing fee be refunded if my application is rejected?
As a general rule, the USPTO does not refund application fees. They consider these to be processing fees.
Why Trademark Registration Matters for Boise Businesses
Boise, Idaho is one of the fastest growing cities in the area. Take one look at its hip and vibrant downtown area and it’s easy to see why. The city is full of craft breweries, fashion boutiques, farm-to-table restaurants, cafes, and loft-style apartments. Setting up a new business venture in Boise is a no-brainer.
Boise entrepreneurs know how much work goes into starting a business. But they should be careful to not overlook the trademark registration process. Doing so could lead to trouble down the line.
Imagine the following: Ginny has been making jewelry for years as a hobby. She’s decided to turn her hobby into a business. She calls her business Ginny’s Jewelry and starts renting space at the weekly craft fair in the North End neighborhood of Boise.
Her jewelry becomes very popular and her friends recommend she try selling some of her jewelry online as well. She creates a logo, sets up a website, invests in digital advertising, and creates a social media campaign. Within weeks, Ginny is selling her jewelry all over the country.
One of her friends asks if she had considered trademarking the name of her business, but Ginny is far too busy making jewelry to think about that right now. Besides, she thinks, she’s just a one-woman operation.
Unfortunately, Ginny gets some bad news in the mail just a few later. She receives a cease-and-desist letter from a jewelry store in California with a name that’s similar to Ginny’s Jewelry. The California store is concerned that people may confuse the two businesses. Since they trademarked their name, they have every right to ask Ginny to take down her website and not resume business until she rebrands. This is a devastating blow for Ginny and she decides to reach out to a trademark attorney to find out what she should do next.
Trademark registration is important for businesses of all sizes. Even if you’re just a one-person operation, or you’ve started your business as a side-hustle, you need to look into trademark registration early on in the process. It’s the only way to be confident that you can invest in your brand and in your business, should you decide to expand.
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 Boise and yet it can assist businesses from Idaho in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Boise Businesses
Submit Your Trademark
Now in 4 Easy Steps
TRADEMARK INFORMATION
Complete the Trademark Registration Form.
PRELIMINARY SEARCH
Our IP Attorneys will run a search of your trademark in the USPTO.
TM APPLICATION
We draft your TM Application and send it to you for your Review.
USPTO
We File the Application with the USPTO.