Columbus, Ohio Businesses Use Cohn Legal for Trademark Services
Serving clients in Columbus, Ohio, Cohn Legal, PLLC is a boutique law firm that focuses on providing excellence in intellectual property protection startups and entrepreneurs. 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 legal representation is a given, we take greater pride in our ability to forge lasting bonds with our clients.
Top 8 Questions Ohio Businesses Have About Obtaining a Trademark
What’s the difference between the ® and TM symbols?
Use of the ® symbol is reserved for those pieces of intellectual property that are trademarked at the federal level.
The TM symbol can be used any time, even if you haven’t filed a trademark application yet. However, the TM symbol has very little legal significance. It just means that you consider yourself to have “common law” rights to your trademark.
Should I register the name of my business or the logo first?
Ideally, you want to trademark both using separate trademark applications. If you have to prioritize, then trademark the name of your business in plain text first. Register the logo as soon as possible after that.
Some business owners try to save money by registering just the logo, especially if it contains the name of their business. However, we don’t recommend this because if you want to change the design of your logo, then you 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 the USPTO will want to see a specimen or sample of it. This can be a product label, a screenshot of your website, or marketing materials. If you aren’t yet using the trademark in commerce, you can file an intent-to-use application and provide a specimen at a later date, usually within 6 months.
If you aren’t using the trademark in commerce within 6 months of receiving approval from the USPTO, you can request an extension. The USPTO allows five 6-month extensions.
Can I register my trademark before my business is up and running?
You can and should register your trademark before your business opens its doors. Registering your trademark protects it from infringement. It will also ensure that the trademark you want is available to you before you spend time and money on marketing materials, product labels, store signage, product labels, etc.
What is the Trademark Electronic Application System?
The Trademark Electronic Application System (also known as TEAS) enables you to submit your trademark application to the USPTO and pay any associated fees online.
What are International Classes?
The USPTO classifies 47 groups of goods and services as “International Classes.” Depending on the goods or services your business offers, you may register in one class or several classes. An experienced trademark attorney can help you draft your list of goods and services to ensure you are filing in the right classes.
What is a Trademark Office Action?
If your trademark application is rejected, you’ll receive an Office Action from the USPTO listing the reasons that your trademark application was rejected. The reasons for rejection can be simple or complex. If you receive an Office Action, then contact a trademark attorney right away to advise you on the next steps and help draft an appropriate response to the USPTO.
Is it ever too late to hire a trademark attorney?
Ideally, you want to hire a trademark attorney as soon as you know that you want to trademark a piece of intellectual property. A trademark attorney can help you do a thorough search of existing marks and submit your application to the USPTO.
However, you can call on a trademark attorney at any part of the application process. For example, a trademark attorney can help if you’ve already submitted an application, but it was rejected. An attorney can help if your mark is already approved but you need someone to monitor the market for infringement. An attorney can be your representative in court if needed. And, a trademark attorney can be contacted for general questions and advice about trademark registration.
Why Trademark Registration Matters for Columbus Businesses
Right now is an ideal time to start a business in Columbus. The people are friendly, the weather is great, and the downtown area is always buzzing with activity. Columbus business owners know that there’s a lot of work that goes into opening a new business, but that hard work can pay off.
Many new business owners are understandably watching their budgets and may be reluctant to pay for a proper trademark search and registration early on in their business venture. Instead, they search the internet to determine if the name of their product or business is truly unique and available to use. To put it simply, that’s a mistake.
Imagine the following: Betsy is a master baker and she’s always dreamed of opening her own bakery in downtown Columbus. After saving her money for a few years, she decides to move forward. She leases a storefront, purchases new equipment, orders signage, and develops marketing materials. Betsy searches for the desired name of her business, House of Cakes, on Google, but finds no matches in Columbus.
What Betsy doesn’t realize is that another bakery in Delaware owns the trademark to the name House of Cakes. One day, the owners of the Delaware location come across Betsy’s website. They tell their trademark attorney that someone in Columbus is infringing on their trademark rights and request that a cease-and-desist letter be sent to Betsy.
If you’re thinking about starting a new business, then don’t rely on quick internet searches to determine if your desired trademark is available. The only way you can truly be sure you are not infringing on someone else’s trademark is to have a trademark attorney conduct a thorough trademark search.
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 Columbus and yet it can assist businesses from Ohio in registering a federal trademark because trademarks are governed under federal law.
Trademarks Services for Columbus 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.