Daytona Beach, Florida Businesses Use Cohn Legal for Trademark Services
Serving clients in Daytona Beach, Florida, Cohn Legal, PLLC is a boutique law firm that focuses on intellectual property protection for startups and entrepreneurs. 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 Florida Businesses Have About Obtaining a Trademark
What exactly am I protected from when registering a trademark?
A registered trademark provides the trademark owner with the exclusive right to use that trademark (name/logo/slogan) in conjunction with the goods/services sold under the banner of the trademark. Importantly, it prevents even non-exact copies of the trademark from being used and instead, protects against trademark infringers who are using a sufficiently similar name while selling sufficiently similar goods services. Thus, a new tennis shoe company could not sell shoes under the name “NIKEY” because it is too similar to the Nike Corporation’s trademark, NIKE.
Is there such a thing as an “International Trademark”?
Trademarks are constrained and governed by the territory in which they are used to sell products/services. Thus, obtaining trademark registration in the United States only protects trademark holders from infringement in the United States; A US trademark has no effect on trademark rights in other countries. If one wanted to obtain international trademark protection, one would need to apply for a trademark using the Madrid Protocol and designate specific countries for protection.
How long does it take to register a trademark?
Once your application is submitted to the USPTO, it can take anywhere from 8 to 10 months to get your trademark approved. In some cases, the process can take more than a year.
There 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.
If any of these scenarios apply to you then it’s best to consult with a trademark attorney who can advise you on what steps you should take to request expedited processing.
Should I wait until my business is up and running before registering my trademark?
There’s no need to wait. Any experienced trademark attorney will advise you to register your trademark as soon as possible. If you wait until your business is established to register your mark, you may find that you’re infringing on an existing trademark. That means you’ll find yourself spending time and money to rebrand your business, create new marketing collateral, update product designs, etc.
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. An examining attorney at the USPTO reviews trademark applications and makes decisions on whether or not they are eligible for registration.
The USPTO also maintains records of existing and pending trademarks. However, the USPTO does not enforce trademark rights. It is the responsibility of each trademark owner to protect their own trademarks.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This is basically an online portal where you can submit your trademark application to the United States Patent and Trademark Office. 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, which lists the reasons that your trademark application was rejected. Your trademark could be rejected if it’s too similar to an existing trademark, you failed to provide an important piece of information on your application, or your specimen is not sufficient.
These are just a few examples of why you might receive an Office Action. 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.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication. It’s released every Tuesday and includes information about the latest trademarks that have been approved. Once a trademark is published in the Official Gazette, any individual has 30 days to come forward and oppose the trademark. If no one opposes the trademark, then it is officially registered.
Why Trademark Registration Matters for Daytona Beach Businesses
Daytona Beach is filled with plenty of shops, restaurants, and art galleries, but it’s also close to world-class skiing and gorgeous national parks. If you’re an entrepreneur in the Daytona Beach area, then it’s a fabulous location to start a new business venture. While you’re scouting locations and creating a business plan, be sure to also register your trademarks.
Imagine the following: Alaina has noticed an uptick in tourism in Daytona Beach and she sees an opportunity for a new business. She has always wanted to run a bed and breakfast, so when she sees a small inn for sale in the Blake neighborhood, she jumps on it.
Alaina calls her new B&B the Five South Bed & Breakfast. She gets to work renovating the place, creating a business plan, hiring staff, and so much more. A friend of hers recommends that she contact a trademark attorney, but Alaina is reluctant to spend the money on trademark registration so early in the process.
After Alina opens, she sees early success. She’s booking rooms and customers give her establishment glowing reviews online. However, Alaina soon gets a cease-and-desist letter in the mail. It turns out there is a property company called Five South Rentals in Daytona Beach. They own and rent out many of the properties in the same neighborhood as Alaina’s B&B.
Because they own the trademark to the name, they demand that Alaina close her business and not reopen until she rebrands. Alaina is upset and confused by the demand. If she closes down, she may not be able to afford to reopen.
The lesson here is that you should always work with a trademark attorney to ensure your desired trademark is available for use. That way you know you can invest in your business and your brand with confidence.
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 Daytona Beach and yet it can assist businesses from Florida in registering a federal trademark because trademarks are governed under federal law.
Trademarks Services for Daytona Beach 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.