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Henderson, Nevada Businesses Use Cohn Legal for Trademark Services
Serving clients in Henderson, Nevada, Cohn Legal Group is the authority on intellectual property law and trademark registration in the United States. Abe Cohn and his team of trademark lawyers provide outstanding legal counsel and will relentlessly protect your mark from potential infringement.
Top 10 Questions Henderson Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a brand identifier that enables consumers to distinguish one company’s goods from another’s. A trademark may be a logo, phrase, single word, design, or even a sound. For example, both Nike and Converse are brands of sneakers. Each brand’s name and logo (the Nike swoosh and the Converse star) are trademarks that set them apart from each other.
Why am I being asked for a specimen?
When you apply for trademark registration, the USPTO will want to see a specimen, which is simply an example of how your trademark will be used in the marketplace. A specimen can be a picture of your product’s label, a screenshot of a website, a product brochure, or anything else that displays your trademark clearly.
Should I conduct a trademark search before submitting a trademark application?
There are no state or federal laws requiring you to conduct a trademark search. However, our strong advice is that you hire a trademark attorney to conduct an exhaustive trademark search before submitting an application. During a search, your attorney will find out if there are any trademarks out there that are similar to your desired mark. If there are, you’ll have to alter your mark or create something new before submitting an application.
How long does the trademark registration process take?
Typically, once you submit your application, you can expect a response from the USPTO within 6 months. From there, it can take another 6 to 12 months until the trademark registration is finalized. Of course, these timeframes are estimates and the process may go more quickly or slowly for you depending on your circumstances. Hiring an attorney who understands the trademark application process to help you submit your application may speed things along.
How do I keep my trademark from expiring?
The most important thing you can do to prevent trademark expiration is to keep using your trademark in the marketplace. The USPTO requires that you submit certain documents at specific intervals in order to prove you are still using your trademark. A trademark attorney can remind you when these documents are due and file the documents on your behalf.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This online portal must be used to submit trademark registration applications and other documents. You can also pay registration fees through TEAS.
Please note, that as of February 2020, all trademark applications must be filed through TEAS. No paper applications will be accepted.
Why is the Trademark Official Gazette important?
Published every Tuesday by the USPTO, the Trademark Official Gazette is important because it is the last hurdle your mark must go through before it is officially approved. Once your trademark gets published in the Gazette, anyone has 30 days to challenge the mark. This is what’s known as the opposition period. If the 30 days pass and no one presents a challenge, then you are the owner of the mark.
I’ve seen the phrases “intent to use in commerce” and “for use in commerce.” What’s the difference?
If you are already using your trademark in the marketplace when you apply for trademark registration, then you would file your trademark application on a “for use in commerce” basis.
If you have not yet used the mark in commerce, but you will be in the near future, then you would file a trademark application on an “intent to use in commerce” basis. If you file your trademark on an “intent to use” basis, then you will be required to submit additional documentation at a later date to show that you are using the mark in commerce.
When is it appropriate to use these symbols: ®, TM, SM?
Once your trademark has been approved by the USPTO you can use the ® to indicate it is a federally registered trademark. If you’ve submitted an application, but the mark has not yet been approved for goods, then use the TM. If you are waiting for the approval of a mark for services, then use SM.
Can the USPTO conduct a trademark search for me?
The USPTO will not conduct a trademark search on your behalf before you file your application. Once your application is submitted, the USPTO will conduct a thorough search to determine if any marks similar to yours already exist. If they do, then your mark will be rejected.
Why Trademark Registration Matters for Henderson Businesses
Located about 16 miles outside of Las Vegas, the city of Henderson Nevada has a reputation for being one of the safest cities in the United States. For that reason alone, new business owners are attracted to the area. Entrepreneurs who come to Henderson are ready to work hard to make their dreams come true, but their dreams could be quickly dashed if they don’t register their trademarks.
Imagine the following: Leon is an entrepreneur who sees an opportunity to open a frozen yogurt shop in the Water Street District. He decides to call his shop Frozen Fun. With the name chosen, he doesn’t waste any time getting started on his new venture. Leon signs the lease on a storefront, orders a big sign to hang outside the store, invests in marketing materials, interviews potential new hires, and pays for prime advertising in local papers.
He’s so busy that he completely forgets to register the trademark of his store. Unfortunately, that’s going to be trouble for Leon.
About 6 months after the grand opening, Leon’s business is thriving. It turns out that his instincts were correct and Henderson had a need for a family-friendly shop like his. One day, Leon receives a cease-and-desist letter from a competitor in Las Vegas. It turns out that the competitor owns the trademark to Frozen Fun. They have the right to ask Leon to shut down his business and rebrand before reopening.
This is going to be an expensive and time-consuming endeavor for Leon. Opening a new business is never easy, but if you do, then make sure you put trademark registration at the top of your to-do list.
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 Henderson and yet it can assist businesses from Nevada in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Henderson 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.