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Fort Worth, Texas Businesses Use Cohn Legal for Trademark Services
Serving clients in Fort Worth, Texas, Abe Cohn is the Managing Partner of Cohn Legal, PLLC. While Abe loves working on trademark prosecutions, he also assists his clients with a variety of other intellectual property law matters and manages various corporate transactional work. Abe loves working with startups and entrepreneurs and relishes the opportunity to help companies build something from the ground floor. At the end of the day, Abe strives to make his clients’ lives easier.
Top 9 Questions Fort Worth Businesses Have About Obtaining a Trademark
What is a fanciful trademark?
Fanciful trademarks are marks which are typically made up and only have meaning when applied to a specific product or service. An example of a fanciful trademark is Exxon or Pepsi. The words themselves have no meaning other than to indicate the brand name of a product.
Can generic terms receive trademark protection?
No, generic terms can’t receive trademark protection. For example, you will never be able to trademark the word “coat” if you are a coat manufacturer or seller. If you were allowed to do that, it would prevent all other coat manufacturers and sellers from using the word coat, which is unfair and unreasonable.
What is an examining attorney?
An examining attorney works at the USPTO. The examining attorney’s job is to thoroughly evaluate trademark applications and search the USPTO database. If no similar trademarks are found and everything else is in good order, then the examiner will likely approve the trademark application and publish it in the USPTO’s Official Gazette for a 30-day opposition period. If no oppositions from the public are filed during that time, then your trademark will go to final registration.
Why was my trademark application rejected?
There are a variety of reasons that your trademark application may be rejected. The most obvious reason is that the mark or something similar to it is already in use.
Other reasons for trademark application rejections could be that the examiner believes the trademark is too generic, too descriptive, includes a surname, or a name of geographic significance. Your trademark attorney can advise you on your best response to a rejected application.
What does “used in interstate commerce” mean?
To obtain a registered trademark, the specific trademark must be attached to a product or a service that has been sold across state lines or is offered in several states. If you’ve only sold your product in one state, then it will be hard to obtain a registered trademark.
How much you must sell isn’t clearly defined by the USPTO. Selling one item to a friend in another state is not an example of interstate commerce. However, selling 100 items to residents of five states other than your own would most likely be considered interstate commerce. The USPTO rules can be ambiguous, so be sure to speak to a trademark attorney who can give you clear guidance.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. TEAS is available 24/7 for you to submit your trademark application and pay the associated fees online.
What is a specimen?
A specimen is simply a sample of your trademark that you submit to the USPTO as part of your trademark application. It could be a product label, a website screenshot, a photo of your packaging, marketing materials, etc. Consult a trademark attorney if you are unsure about what you should submit to the USPTO as a specimen.
Should I register the name of my business before I register my logo?
Ideally, you want to trademark both your business name and logo 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
Will my trademark protect my brand in countries outside of the United States?
Your trademark will only protect your intellectual property within the United States. If you do business outside the United States, either through online sales, manufacturing, or distribution, you should consider registering your trademarks in those countries as well. Speak to a trademark attorney about how to get trademark protection in countries outside of the United States.
Why Trademark Registration Matters for Fort Worth Businesses
Fort Worth has a reputation for being a city filled with industrious and hard-working people. Small business owners from Fort Worth enjoy being surrounded by residents who are loyal patrons of local shops and service providers. If you plan to start a new venture in Fort Worth, then be sure to work with an attorney to protect your trademarks above all else.
Imagine the following: Billy and Kyle are friends who have recently worked together to develop a high-quality protein powder for weight lifters and strength trainers. They call their new product Muscle Maker Protein and believe there’s nothing else like it on the market.
They are excited to get into the production phase and get it onto store shelves. However, the two friends make a very smart move first. They contact a trademark attorney and make sure that their trademark is registered with the USPTO. With that settled they know that they can move forward with confidence. They create a website, develop packaging, and push production of their product into high gear.
Six months later, the friends are excited to see their product being sold in nutrition stores, local gyms, and fitness centers. One day, however, as Kyle is surfing the internet, he sees a protein powder being sold that has a very similar name and logo as the protein powder he created.
He sends the link to his trademark attorney and the attorney agrees that it looks suspicious. The manufacturer of that imitation protein powder is about to get a cease-and-desist letter. If he doesn’t stop selling his product, he could face legal action.
Billy and Kyle’s story is proof that all small business owners should work with a trademark attorney to ensure that their unique trademark is protected 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 Fort Worth and yet it can assist businesses from Texas in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Fort Worth Businesses
Submit Your Trademark
Now in 4 Easy Steps
Complete the Trademark Registration Form.
Our IP Attorneys will run a search of your trademark in the USPTO.
We draft your TM Application and send it to you for your Review.
We File the Application with the USPTO.