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for Cleveland OH
Cleveland, Ohio Businesses Use Cohn Legal for Trademark Services
*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.
Cohn Legal is a startup and trademark legal firm providing service to clients in Cleveland, Ohio, throughout the United States, in 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.
Additional Information on Trademark Registration for Cleveland Businesses
Cleveland has always had a strong spirit of entrepreneurship. Today, Cleveland’s neighborhoods are being revitalized, which is attracting small business owners who are ready to set up shop.
Many Cleveland business owners focus first on marketing and finding commercial space for a storefront. Those are essential steps, but many new business owners overlook registering their trademark with the USPTO. Unfortunately, putting off this important step could cause the business to lose a lot of money in the long run.
Consider this scenario: Tim lives in Lakewood and has been paying close attention to the housing market. He’s seeing younger generations move in and sharp demand for quality carpentry and house repair.
Tim is a master carpenter and has been saving up his money for a few years and decides now is the time to open up his own carpentry business. He is targeting new homeowners in Lakewood and Cleveland. He decided to use a simple name CLE Carpentry because CLE is a common abbreviation for the city.
Tim does a quick search on Google for carpentry companies with the same name. Tim is excited to find that no one else is using that exact name so he creates a website, orders marketing materials, and has his new name and logo airbrushed onto his van.
Unfortunately, less than a year after Tim started his business, a cease-and-desist letter arrives in the mail. While his search didn’t reveal anyone using the exact name CLE Carpentry, another company, Cleveland Carpentry thought that the name of Tim’s company was confusingly similar to theirs. And, Cleveland Carpentry had their name registered with the USPTO for more than 10 years.
Now, Tim must invest even more time and money into his business in an effort to rebrand. On top of that, he’s losing out on potential customers while he’s taking the time to rebrand.
Even small, one-man operations, like Tim’s, should work with an attorney to register their trademark. If you are opening a new business or growing an existing one, contact the attorneys at Cohn Legal. We can assist you in conducting a trademark search and securing federal trademark rights to ensure that you can invest in your brand with confidence.
Trademarks Services for Cleveland 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.