Cleveland, Ohio Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a startup and trademark legal firm providing service to clients in Cleveland, Ohio, throughout the United States, Europe, and Israel. Cohn Legal attorneys 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 8 Questions Cleveland Businesses Have About Obtaining a Trademark
Does registering my trademark protect my business?
Absolutely! Registering your trademark is one of the most important ways to protect your business and your brand. Once you register your trademark, your business gains the presumption of nationwide validity, which means that your trademark is protected from infringement in all 50 states. If there’s a competitor or a third party using your trademark or something similar, you can take legal action.
Should I wait until my business is up and running before registering my trademark?
In short, no. Any trademark attorney will tell you that trademark registration one of the first things you should while you’re planning on starting your business. If you wait until your business is established to register your mark, you may find that you’re infringing on an existing trademark, which means you’ll have to spend time and money rebranding your business, creating new marketing materials, updating your website. Registering your trademark early on can save you lots of time and money in the long run.
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. You submit your trademark registration application to the USPTO for review and approval. The USPTO also maintains records of existing and pending trademarks, so they can see if your desired trademark is similar to something to one that already exists. However, they do not enforce trademark rights. It is the responsibility of you as the trademark owner and your attorney to protect your trademark.
What is the Trademark Electronic Application System?
The USPTO offers an option for you to submit your trademark application online using the Trademark Electronic Application System, or TEAS. TEAS was created to be simple to use and available 24/7. You can also pay your application fees through TEAS.
What is a Trademark Office Action?
You’ll receive an Office Action from the USPTO if your trademark application is rejected. It’s basically a letter that lists the reasons that your trademark application was rejected. The reasons can be simple to remedy or much more complex. 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 most circumstances, you can’t request expedited approval of your application.
However, the USPTO will allow the application process to be expedited 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.
Why is the Official Gazette important?
The Official Gazette (OG) is the official publication of the USPTO. It comes out weekly and includes information about trademarks that have been approved. Once a trademark is published in the OG, any third party has 30 days to come forward and oppose the trademark. If no one opposes the mark, then it is officially registered.
Why does the USPTO want a “specimen”?
A specimen is just a sample of how you intend to use your trademark in commerce. Product labels, signage, packaging, flyers, brochures, website screenshots, etc. are all acceptable specimens. A trademark attorney can advise you on what to submit if you are unsure.
Why Trademark Registration Matters for Cleveland Businesses
Cleveland has been attracting new business owners and entrepreneurs in recent years because of its diverse population and friendly atmosphere. If you plan to open your own business in the Cleveland area, then make sure you work with a trademark attorney who can help ensure that your trademarks are protected.
Imagine the following: Nestor is a graphic designer who decides to start his own t-shirt design business. He doesn’t want to quit his day job, but designing and selling t-shirts online will help him make some extra money. He calls his side business Spiral Designs, puts up a website, and starts several social media accounts. He knows about trademark registration, but he doesn’t think that this part-time gig is not worth the cost of a trademark attorney.
Soon after he advertises on social media, Nestor gets flooded with orders. He never anticipated he would get such a positive response. Jonathan is starting to wonder if he can turn this venture into a full-time job when he gets some upsetting news.
There’s a designer in Rocky River that owns a design company with a similar name as Nestor’s business. The Rocky River designer, however, owns the trademark to his business’s name. He sends Nestor a cease-and-desist letter. Now, Nestor is devastated because he must close down his business.
No matter how small your business is, you need to engage a trademark attorney as soon as possible to ensure that your mark is available before you invest time and money in using it. At Cohn Legal, we will be more than happy to assist you with conducting a proper trademark search and registering your trademark with the USPTO. 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 Cleveland and yet it can assist businesses from Ohio in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Cleveland 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.