Gilbert, Arizona Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is focused on providing clients in Gilbert, Arizona with outstanding legal counsel and guidance on trademark rights and protections. Our trademark attorneys absolutely love helping small business owners create and protect their intellectual property. While excellence in legal representation is a given, we take greater pride in our ability to forge lasting bonds with our clients.
Top 6 Questions Gilbert Businesses Have About Obtaining a Trademark
What is the process for registering a federal trademark?
The first step is submitting a trademark application to the United States Patent and Trademark Office (USPTO). After it’s received by the USPTO, an examining attorney will thoroughly evaluate the application and search the USPTO database for an existing trademark that might be the same or similar to your mark.
After about 6 months, you’ll hear back from the USPTO. If they’ve found an existing trademark that’s too similar to yours, then your application will be denied. If they’ve found small errors or missing information on your application, then they’ll give you a deadline for providing the information.
If no errors are found and your mark looks to be unique, then the examining attorney will schedule your mark for publication in the Official Gazette. The USPTO distributes this publication online every Tuesday. Once your mark appears there, anyone can come forward within 30 days and oppose your mark. If no one comes forward in 30 days, then you’ll move on to the final steps of trademark registration.
What is the difference between a fanciful trademark and an arbitrary trademark?
Both fanciful trademarks and arbitrary trademarks are considered to be the strongest types of marks you can own. Here’s the difference between the two.
Fanciful trademarks are completely made up or invented words that only have meaning when describing the specific products they are attached to. For example, Oreo, Pepsi, and Kleenex are all fanciful trademarks.
Arbitrary trademarks are real words whose true definition is unrelated to the product it’s naming. Apple computer is one example. An apple is a fruit, but that definition has no relevance to technology or computers.
Can I request an expedited approval of my trademark application?
Generally, the USPTO does not honor requests to expedite approval of your trademark application. However, they may consider it in these circumstances:
- You’re involved in litigation.
- When there’s a strong possibility of trademark infringement.
- You need a U.S.-registered mark in order to get a foreign trademark registration.
If any of these scenarios apply to you, then get the guidance of a trademark attorney before you petition the USPTO to expedite the handling of your trademark application.
What protection does a trademark provide?
There’s no better way to protect your business and your brand than by registering your trademark with the USPTO. When you register your trademark, you gain what is called “the presumption of nationwide validity.” Simply put, that means if you take someone to court for infringing on your trademark rights, then you only need to show your trademark registration as proof that you are the rightful owner of the mark. No other proof is required.
Why should I conduct a trademark search before filing my trademark application?
The reason you want to conduct a trademark search before you file your application is that someone may have already trademarked a word or logo similar to your desired mark. If that mark is registered with the USPTO, the examining attorney will find it during his or her own search. Your application will be rejected and you’ll lose the application fee. It’s better that you know sooner rather than later if there’s a mark that’s too similar to the one you want.
What is a priority date?
Your priority date is the date you submit your trademark application to the USPTO. Anyone trying to register a mark similar to yours after that date will not be approved. This is one reason to start the trademark application process as soon as possible. You have some protections in place, even as your trademark application is pending review for approval.
Why Trademark Registration Matters for Gilbert Businesses
Located in beautiful Maricopa County, Gilbert Arizona is known for giving residents and visitors the best of both worlds—small-town charm with big-city arts and entertainment. It’s no wonder that small businesses are popping up all over Gilbert!
Gilbert’s entrepreneurs know how much work goes into getting a business off the ground. However, if they don’t make sure that they register their trademark with the USPTO, there could be trouble down the line.
Imagine the following: Cassandra has recently become a licensed physical therapist and she wants to open her own practice. She names her new business In Motion Physical Therapy and signs the lease on office space in the Westbank neighborhood of Gilbert.
Cassandra has heard about trademark registration, but she’s not ready for that just yet. She has so many other things to take care of, such as developing a marketing plan, designing a logo, creating a website, interviewing potential employees, and so much more. She even orders t-shirt and sweatshirts with the In Motion logo on it.
Cassandra is ready to open her doors for businesses and sets the date for her grand opening. Before she can even open for business, however, she finds a cease-and-desist letter in the mail. There’s a business called Motion Physical Therapy in Phoenix and they’ve registered the name of their business with the USPTO. They believe that the name of Cassandra’s business is too similar to theirs so they have every right to request that she cease operating under that name.
Cassandra is understandably upset and is concerned about the time and money it will take to rebrand her business. She decides to contact a trademark attorney for advice.
If Cassandra had actually consulted with a trademark attorney before she started planning her business, she would not be in this predicament. Her attorney would have conducted a comprehensive trademark search before submitting the trademark application and advised Cassandra to find a new name for her business that was truly unique before moving forward with her plans.
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 Gilbert and yet it can assist businesses from Arizona in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Gilbert 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.