El Paso, Texas Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm that focuses on 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. Serving clients in El Paso, Texas, our trademark attorneys continuously strive to provide you with the best legal strategies to protect your intellectual property and business interests.
Top 7 Questions El Paso Businesses Have About Obtaining a Trademark
What is a trademark?
A registered trademark is a word, logo, slogan, or design that enables consumers to identify the company that produced the product or offers the service.
How do I register a federal trademark?
If you want a registered trademark, you need to first submit a trademark application to the United States Patent and Trademark Office, or USPTO. Upon receiving the application, the USPTO examining attorney will search the USPTO database to identify any trademarks that similar to the trademark you want. If the examining attorney does find a similar trademark, then your application will be rejected.
However, if no similar mark is found and your application gets approved for publication, your trademark printed in the USPTO’s Official Gazette for 30 days. During that time, any third party can submit an “opposition” to the application if they feel that your trademark infringes upon theirs. Assuming no oppositions come forward, your trademark will be approved for final registration.
Is there a legal requirement that says I have to conduct a trademark search?
There’s no law or regulation that says you have to do a trademark search before filing your application, but it’s a smart idea.
You can gain access the USPTO trademark database and search for existing trademarks. If you find one that’s similar to your desired mark, then you know that you’ll have to come up with a new name or logo. It can be frustrating to find the name you want isn’t available. However, doing a proper trademark search now can save you time, money, and legal complications in the long run.
Do I need to have a registered trademark before I start selling my goods or services?
You actually don’t need a registered trademark to start selling your product or service. However, it is wise to get your trademark registered as soon as possible. If a third party sees you conducting business without a registered trademark, there’s nothing stopping that person from using your brand on their similar product. They may even go one step further and register your trademark for themselves. Don’t put off the trademark registration process. Any serious business owner knows how important it is to protect their trademark against infringement.
How long does a trademark last?
A trademark lasts forever. You can keep a trademark for literally hundreds of years as long as you keep the mark “in commerce” and meet renewal deadlines set forth by the USPTO. You’ll have to first renew the trademark around the 5-year anniversary of your original trademark registration, then again at the 10-year anniversary. Then, you’ll have to renew your registration and every 10 years after that.
What is the difference between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are marks that are usually made up or invented and only have meaning when applied to a specific product or service. An example of a fanciful trademark would be Exxon or Pepsi. Neither word has meaning or significance other than when referring to a particular product.
An arbitrary mark is a mark that has a meaning on its own but applied to a particular product that’s unrelated to that meaning. Peter Pan. Peter pan is the name of a character in a book, but when applied to peanut butter, it has no particular meaning and is considered to be distinctive.
Can I file a trademark if I’m not yet selling any products, but intend to?
You can file a trademark before you are ready to start selling your product or service. First, contact a trademark attorney who can help you file an Intent-To-Use (ITU) trademark application to the USPTO.
If the ITU application has been accepted, you’ll receive a Notice of Allowance (NOA). Once you receive the NOA, you’ll have 6 months to submit your Statement of Use. If you need more time you can file for an extension. Each extension request will give you an extra 6 months to provide the Statement of Use. You can file up to 5 extensions.
Why Trademark Registration Matters for El Paso Businesses
El Paso is an amazing city. The people of El Paso are eco-conscious and love to “shop local,” which makes this city the perfect location for entrepreneurs to start new business ventures. If you are ready to start a new business in El Paso, then be sure to register your trademarks with the USPTO as soon as possible.
Imagine the following: Darlene is an artist with the dream of starting her own business painting murals for homes and businesses. She chooses the name Mural Magic for her business and gets to work right away designing a website, creating a business plan, setting up social media accounts, and advertising in local papers. Her friend asks her if she’s going to register her trademark, but Darlene doesn’t think that’s necessary at this point.
Darlene starts getting calls from El Paso residents who want murals for their children’s bedrooms and bathrooms. Small hotels want murals for their lobbies and guest rooms. Business is going so well that she thinks she may have to hire an assistant.
Darlene however soon gets a cease-and-desist letter in the mail. There’s an online art store that sells their own art kit called Mural Magic. They trademarked the name more than 5 years ago and they’re asking Darlene to stop using the name for her business. If Darlene doesn’t comply should face legal action.
No matter how big or small your business is, you need to make sure you work with a trademark attorney to have your intellectual property protected.
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 Durham and yet it can assist businesses from North Carolina in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for El Paso 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.