Colorado Springs, Colorado Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Our trademark attorneys absolutely love helping companies protect their brand names and logos throughout Colorado Springs, Colorado, the United States, and around the world.
Top 9 Questions Colorado Springs Businesses Have About Obtaining a Trademark
What’s the difference between the TM and ® symbols?
Any business can use a TM symbol whenever they want, even if they haven’t filed a trademark application yet. The TM symbol has very little legal significance. It just means that you consider yourself to have “common law” rights to your trademark.
You can only use the ® symbol next to your trademark when it is fully registered at the federal level. That symbol carries more weight, legally.
Can someone infringe upon my trademark while my trademark application is in review?
Your trademark will not be fully protected until it has been registered with the USPTO. However, you do gain certain protections on the day you file your trademark application.
First, your application will be prioritized over applications that have a later filing date. Second, once your mark is registered, you gain retroactive trademark protection going back to the date you filed. That means if someone infringed upon your trademark after the date you submitted your application but before the date, it was eventually registered, then you can take legal action.
Should I register the name of my business or the logo or both?
The priority for most new businesses should be to trademark the name of the business in plain text. Registering the logo would be done as a separate trademark application.
Technically speaking, you can protect both the business name and logo by registering just the logo if it includes the name of your business. However, this isn’t recommended because if you want to change the design of your logo, you will risk losing trademark protection for the name of your business.
Do I need to submit a specimen showing the use of my trademark in commerce?
If you’re already using your trademark in commerce, then you can submit a screenshot of your website, a photograph of the product, or marketing materials. If you aren’t using the trademark in commerce yet, you can file an intent-to-use application and follow up with a specimen.
If you still aren’t using the trademark in commerce within 6 months of receiving approval from the USPTO, you can file for an extension. The USPTO allows five 6-month extensions.
Can I register my trademark before my business is up and running?
You can and absolutely should register your trademark before your business is up and running. You want to make sure that the trademark you want is available to you before you spend time and money on marketing materials, a website, store signage, product labels, etc.
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 the vast majority of cases, you can’t request expedited approval of your application, which is why you should submit your trademark application as soon as you can.
However, there are certain circumstances in which the USPTO will expedite the application process. You can request an expedited application process in matters of litigation, in matters of trademark infringement, or there’s a need to get a U.S. trademark to obtain a registration in a foreign country.
Keep in mind though, that even if you do get expedited application approval, then you’ll only shave about 2 months off of the entire process.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication that includes information about trademarks that have been approved. It’s released every week on a Tuesday. Once a trademark is published in the OG, anyone can come forward within 30 days of the date of publication to oppose the trademark. If no one opposes the mark, then it is officially registered.
Why Trademark Registration Matters for Colorado Springs Businesses
Did you know? Colorado Springs is the most expensive city in all of Colorado. Colorado Springs is also the most populous municipality of El Paso County. There’s no better time to consider starting a new business venture in Colorado Springs, but you should be sure to take the time to register your trademark early on.
Imagine the following: April has always dreamed of owning her own flower and plant shop. One day, while walking through downtown Colorado Springs she sees the perfect location. April contacts a relator and within a few weeks, she signs the lease. She decides to name her shop April Flowers & Fauna. She creates a website, orders gorgeous signage for the store, and advertises online and in local papers. She wonders if she should follow through with trademark registration, but ultimately decides that she just doesn’t have enough time to take care of that right now.
Customers in the area flock to her store and tell her how much they love her unique selection. Unfortunately, April is about to receive some devastating news. She receives a cease-and-desist letter in the mail.
As it turns out, there’s a florist in Castle Rock that trademarked a similar name years ago. Several of their regular customers were in the Colorado Springs area, and they thought the stores were connected in some way.
Now, April must shut down her successful business and not reopen until she rebrands. If she had worked with a trademark attorney from the start, she could have avoided this hassle.
Every business needs to ensure the trademark they desire is available for use before they invest time and money into it.
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 Colorado Springs and yet it can assist businesses from Colorado in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Colorado Springs 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.