Fort Wayne, Indiana Businesses Use Cohn Legal for Trademark Services
Serving clients in Fort Wayne, Indiana, Cohn Legal PLLC is a boutique law firm that focuses on trademark protection for startups and entrepreneurs. We provide our clients with exceptional legal guidance and support at cost-effective rates. As a client, you can expect excellence in legal representation, however, we take greater pride in our ability to forge lasting bonds with our clients.
Top 8 Questions Fort Wayne Businesses Have About Obtaining a Trademark
How do I register my trademark?
To register your trademark, compete for an application using the Trademark Electronic Application System (TEAS). This is an online portal where you can submit your application, pay fees, and continue to correspond with the USPTO throughout the registration process. TEAS is typically available 24/7, although online payments are not accepted between 2:00 a.m. and 6:00 a.m.
Does the USPTO determine trademark infringement?
No, the USPTO does not determine trademark infringement. Their job is to review applications and keep records of trademarks. However, you as the trademark owner are responsible for monitoring the marketplace to ensure no one is infringing on your mark.
Is my trademark valid outside of the United States?
No, trademark registered with the USPTO is valid only in the 50 states and U.S. territories. If you want to register your trademark in other countries, then speak with a trademark attorney who can advise you.
How can I check the status of my trademark application?
After you submit your application, you’ll receive a serial number. You can visit the Trademark Status and Document Retrieval System (TSDR) and search for your application status using that serial number. Alternatively, you can call the Trademark Assistance Center at 800-786-9199 and provide them with the serial number and ask for a status update.
Will the USPTO conduct a trademark search?
The USPTO will conduct a trademark search after you submit your trademark application. The reason they conduct this search is to see if your desired mark is too similar to any pending or existing trademarks. If they do find a mark that’s confusingly similar to your desired mark, then they will reject your application. Your application fee will not be refunded.
It’s always best for you to conduct your own trademark search prior to submitting your application. That way, if you do find a mark that’s similar to your mark, you can make appropriate changes to ensure that it’s unique.
What’s the difference between “intent to use” and “in commerce” applications?
If you submit a trademark application on an “intent to use” basis, it means that your mark is not in use in the market yet, but you expect it to be in use in the near future. If you file an application on an “intent to use” basis, then you’ll have to provide additional documentation to the USPTO once your mark is in commerce.
If you are already using your trademark in the marketplace, then you would file your trademark on an “in commerce” basis.
What if I find a trademark similar to the one I want during a search?
If you conduct a trademark search and find that there’s a trademark similar to your desired mark that’s already registered, then you should not proceed with your trademark application. Your best move is to create a new, unique trademark.
I’ve already submitted a trademark registration application. Do I still need a trademark attorney?
It’s always best to hire a trademark attorney sooner rather than later. However, if you’ve already submitted your application, there’s still plenty of ways an attorney can assist you.
A trademark attorney can help you respond to Office Actions, give you advice on protecting other pieces of intellectual property, and monitor the market for any instances of someone infringing on your trademark. A trademark attorney can also file trademark renewal documents on your behalf. Furthermore, a trademark attorney will represent you in front of the USPTO or in federal court, if required.
Why Trademark Registration Matters for Fort Wayne Businesses
Fort Wayne, Indiana is experiencing a revival in recent years. It’s a family-friendly destination that has a reputation for excellent restaurants, an emerging art scene, and outdoor entertainment options. It’s a dream location for entrepreneurs to start their new ventures.
Small business owners in Fort Wayne aren’t afraid to work hard to be successful. But, sometimes they get so busy that they forget the most important part of starting a new business—trademark registration.
Imagine the following: Cindy is ready to follow her dream of opening her own nail salon in downtown Fort Wayne. She sees the perfect location in the West Central neighborhood and decides to take a chance and signs the lease. She calls her shop Luxury Nails.
Cindy knows that she can’t use that name if there’s another shop with the same name so she conducts a quick Google search. No other nail salons with that name pop up in the area, so she figures that she’s good to go.
The next several months are a flurry of activity. Cindy develops a marketing plan, orders signage for the shop hires nail technicians and creates a website. She even orders aprons with her logo on them.
Finally, she’s ready to open for business. Cindy’s instinct that this neighborhood needed a nail salon was correct. New customers are flocking to her shop and telling their friends. She’s excited about all of this early success.
What Cindy doesn’t realize is that there’s a nail salon in Indianapolis with the name Luxurious Nails. That salon didn’t come up in her Google search because it wasn’t an exact match. The owners of the Indianapolis shop saw Cindy’s salon when they were scouting the area for a second location. They think that there’s too much of a similarity between the names of each salon.
Because the owners of the Indianapolis salon registered their trademark with the USPTO, they are well within their rights to send a cease-and-desist letter to Cindy and her to close her shop or face legal action.
Never rely on Google to find if your desired trademark already exists. If you need to register a trademark, start by hiring a trademark attorney who can conduct a full trademark search on your behalf.
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 Fort Wayne and yet it can assist businesses from Indiana in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Fort Wayne 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.