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Boston, Massachusetts Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is proud to announce the opening of a brand new office 4.5 miles outside of downtown Boston, Massachusetts. Cohn Legal, PLLC is dedicated to protecting clients’ trademarks and intellectual property and is proud to serve clients in and throughout the United States and around the world.
Top 10 Questions Massachusetts Businesses Have About Obtaining a Trademark
How does registering my trademark protect my business?
A registered trademark comes with valuable protections for your business including the presumption of nationwide validity. Nationwide validity means that your mark is protected from infringement in all 50 states. If you find that a third party is using your mark or something similar, you’ll have the right to take legal action.
How long does it take to register a trademark?
It can take anywhere from 8 to 10 months to get your trademark approved by the USPTO. In some cases, the process can take more than a year. Fortunately, you gain some protections the day you submit your application. Anyone who submits a similar trademark after your application date will not have their trademark approved.
Is it advisable to Register my Trademark before my company is a “success”?
Trademark registration needs to happen prior to your business becoming a success because at that point, it will be too late. Remember; the goal is to protect your brand before it becomes a target for theft by your competitors. If you wait until your business is a success, you may find that you’re infringing on an existing trademark or worse, that your competitors have preemptively registered your mark in a bid to push you out of the market. .
Should I register my Trademark in my State or Should I register it with the USPTO?
It is undoubtedly preferable for a brand owner to have a Federal Trademark, which provides protection for one’s brand across the entire United States. To obtain a Federal Trademark, one should apply for registration with the United States Patent and Trademark Office (USPTO). However, if one only intends to sell his/her services in his/her given State, his trademark is not eligible for Federal protection and instead, should seek trademark registration in the State in which he/she is doing business.
What is TEAS?
The USPTO offers an option for you to submit your trademark application online using TEAS. TEAS stands for the Trademark Electronic Application System. TEAS is easy to use and available 24/7. You can also pay your application fees through TEAS.
What is a Trademark Office Action?
If your trademark application is rejected, then you’ll receive an Office Action from the USPTO. An Office Action lists the reasons that your trademark application was rejected. Contact a trademark attorney as soon as possible if you receive an Office Action. Your attorney can advise you on what to do next and draft a response to the USPTO if needed.
Can I request an expedited approval of my trademark registration?
In general, you can’t request expedited approval of your application, which is why you should submit your trademark application as soon as you can.
However, are certain circumstances in which the USPTO will allow the application process to be expedited. You can request an expedited application process in matters of litigation, when there’s the possibility of trademark infringement, or when there exists a need to get a U.S. trademark to obtain a registration in a foreign country. Keep in mind, however, that even in these special circumstances, the process will take 5 or 6 months as opposed to 8 or 10.
If you think that any of these scenarios apply to you, and you want to apply for expedited processing, then it’s best to consult with a trademark attorney who can advise you on what steps you should take.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication that comes out every Tuesday. It includes information about trademarks that have been approved. Once a trademark is published in the OG, a third party has 30 days to come forward and oppose the trademark. If no one opposes the mark, then it is officially registered.
What is a specimen?
A specimen is a sample of how you intend to use your trademark. The USPTO will accept product labels, signage, packaging, flyers, brochures, website screenshots, etc. as specimens. Consult a trademark attorney if you are unsure about what you should submit as a specimen.
Why Trademark Registration Matters for Boston Businesses
The most populous city of the Commonwealth of Massachusetts, Boston has that spirit of adventure and entrepreneurship in the small-business owners operating in the city today. While that drive and determination is a good thing, entrepreneurs in Boston need to also remember to register their desired trademarks with the USPTO before diving headlong into a new business venture.
Imagine the following: Lisa has been working for years to create her own line of all-natural granola. She has landed on a few delicious recipes using local ingredients. Her plan is to sell her varieties of granola direct to customers on her website. She names her granola company Fresh and Natural Granola. Her friend has suggested she speak to a trademark attorney about trademark registration, but Lisa wants to wait until her business has gotten off the ground.
Lisa launches her site and begins selling her granola. The orders start coming in faster than she imagined and she considers hiring someone to help with order fulfillment so she can focus on production.
Just about 2 months in, Lisa receives a cease-and-desist letter from a small chain of grocery stores in Somerville called Fresh and Natural Supermarkets. They believe Lisa is infringing on their trademark and want her to stop distributing her granola until she rebrands. Lisa is devastated about this turn of events and contacts a trademark attorney to figure out what she should do next.
By working with an attorney to register a trademark right from the beginning, even small businesses like Lisa’s can have the confidence to invest in their brand and grow their business with confidence.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
Trademarks Services for Boston Businesses
Submit Your Trademark
Now in 4 Easy Steps
Complete the Trademark Registration Form.
Our IP Attorneys will run a search of your trademark in the USPTO.
We draft your TM Application and send it to you for your Review.
We File the Application with the USPTO.