Glendale, Arizona Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC specializes in intellectual property protection and trademark law for startups and entrepreneurs. Our trademark attorneys absolutely love helping small business owners in Glendale Arizona protect their brand names, logos, and other trademarks. At Cohn Legal, we have one goal: to provide our clients with exceptional legal guidance and representation at cost-effective rates.
Top 5 Questions Glendale Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a word, phrase, logo, design, or sound that is used to identify the source of goods or services. Companies use trademarks to help their products stand apart from others in the same category. For example, Goya® is a trademark. The company’s trademarked name and logo helps you identify their product from the other brands of beans on store shelves.
Is it necessary for me to be selling a good or service to obtain trademark rights?
Yes, you need to have a product or service that you are selling, or intend to sell in the near future, to apply for trademark rights. The USPTO will not allow you to arbitrarily trademark a name or design.
How long does the trademark registration process take?
The length of the trademark registration process will vary, but generally, you can expect to hear back from the USPTO within 6 months of submitting your original application. If the USPTO approves your application, then it can take another 3 to 6 months for you to receive final trademark registration.
If the USPTO requires you to amend your application, then you’ll need time to sort out those issues. There’s no way to tell how long that will take.
Your best bet is to submit your trademark application as soon as possible and work with a trademark attorney. An attorney can help ensure that your application is complete and accurate, which will help move it more quickly through the process.
Can I request a faster review of my trademark application?
In general, the USPTO doesn’t expedite the trademark application review process. However, they may honor your request for an expedited review if you are involved in litigation, you need it to secure a foreign trademark registration, and a few other unique circumstances. Speak to a trademark attorney who can advise you on the steps to take if you need to request a faster review of your trademark application.
What should I do if I receive an Office Action?
After you submit a trademark application, it will be reviewed by the examining attorney at the USPTO. If the examiner needs more information from you, then you’ll receive an Office Action.
The Office Action lists what additional information is needed before the examining attorney can make a decision. For example, the examiner may request that you submit a new specimen, change the identification of your goods or services, or provide a disclaimer.
Or, you may receive an Office Action letting you know that your application is denied because your trademark is too similar to an existing mark, your mark is to generic, or other more substantive reasons.
If you receive an Office Action, then consult with a trademark attorney who can advise you on how to respond.
How does getting a registered trademark protect my business?
Registering your trademark is one of the best ways for you to protect your business and your brand. Once you register your trademark, your mark gains what is known as “presumption of nationwide validity.” That means it’s protected in all 50 states from infringement. If there’s a competitor or a third party using your trademark or something similar, you can bring a lawsuit against them in federal court. The court will accept your trademark registration as proof that you own the mark.
When should I use ® vs. TM vs. SM?
The ® symbol can only be used once your trademark is registered with the USPTO. While your application is pending, you may use TM on your product trademark or SM on your service trademark. Note that if you use the ® before your application is approved, the USPTO may cancel your application outright.
Why Trademark Registration Matters for Glendale Businesses
Small business owners in Glendale, Arizona know how much work goes into launching a new venture. There’s product development, marketing, leasing space, hiring employees, and about a million other things that need to get done. However, you don’t want to overlook the trademark registration process. It’s the most important step you can take to protect your brand and your business.
Imagine the following: Dante recently moved to Glendale Arizona with dreams of opening up his own bakery. He found retail space in the Catlin Court neighborhood and immediately signed the lease. There are antique shops and boutiques in the area, plus Glendale Community College is close by, so he knows he’ll get a lot of walk-in customers.
Dante decides to name his new bakery Glendale Goodies. He knows that he can’t use that name if someone else is already using it, so he conducts a quick search on Google. No other shops with that name in Arizona pop up so he figures he’s good to go.
Dante gets to work on a business plan, designing a logo, creating a website, developing marketing materials, ordering signage for the store, and interviewing new hires. After 6 months of hard work, he’s finally ready for his grand opening.
Dante’s business is doing better than he even expected it to. The local residents love his fresh-baked breads, cakes, and muffins. Unfortunately, Dante is about to get some bad news in the form of a cease-and-desist letter in the mail.
It turns out that there’s a business in Glendale, California that has already trademarked the name Glendale Goodies. Dante limited his Google search to Arizona, so the name of the California shop never appeared on his radar.
Now, Dante must close his successful bakery and rebrand before he opens back up. That is going to be a very costly and time-consuming endeavor.
If Dante had consulted with a trademark attorney right from the start, he would not be in this predicament. The attorney would have conducted a comprehensive trademark search and would have discovered the California shop before Dante invested so much time and money into his business.
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 Glendale and yet it can assist businesses from Arizona in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Glendale 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.