Hershey, Pennsylvania Businesses Use Cohn Legal for Trademark Services

* Cohn Legal, PLLC is not located in Hershey and yet it can assist businesses from Pennsylvania in registering a federal Trademark because trademarks are governed under federal law.

Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Catering to clients in Hershey, Pennsylvania, our trademark attorneys absolutely love helping companies protect their brand names and logos. Extensive experience in handling complex IP law has equipped our attorneys with the requisite knowledge and expertise to deliver work of truly extraordinary quality.

Top 8 Questions Hershey Businesses Have About Obtaining a Trademark

Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?

If you are a trademark applicant or registrant domiciled in the United States or its territories, you don’t need to be represented by an attorney. However, we strongly recommend that you do hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.

If you are a foreign-domiciled trademark applicant, registrant, or party to trademark Trial and Appeal Board proceedings, then you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.

How can a trademark attorney help me enforce my trademark rights?

An attorney can help you understand your trademark rights and advise you on the best way to monitor and enforce those rights. A trademark attorney can provide counsel if you discover other parties are using and infringing your trademark or if other trademark owners claim that you are infringing their trademarks. An attorney can also help ensure that all required trademark renewal documents are timely and accurately filed, so you are never at risk of losing your mark.

Do I need to conduct a trademark search before filing my application?

There’s no requirement to conduct a trademark search before filing an application, but it’s something you should definitely do. The reason is, if someone registers a similar trademark to yours with the USPTO before you do, that can prevent your trademark from being registered.

You can access the USPTO’s database of registered trademarks and pending trademarks to search for a trademark that may be similar to yours. You may also hire a trademark attorney who can conduct a comprehensive clearance search for potentially conflicting marks that already exist or are pending.

What is the USPTO’s Trademark Trial and Appeal Board?

The Trademark Trial and Appeal Board (TTAB) exists to help resolve conflicts among trademark owners in these instances:

• A third-party believes your existing trademark is harming their business and should be cancelled.
• A third-party believes your pending trademark shouldn’t be approved because their business would be harmed.
• You want to appeal an examining attorney decision to reject your trademark application.
• You want to challenge a third party’s existing trademark or pending trademark.

All of these proceedings have specific procedures and strict deadlines that must be adhered to. A trademark attorney can navigate these often complex proceedings, present your best case or defense, and help you settle the dispute in a way that is in your best interests.

What are the USPTO’s “Rules of Professional Conduct”?

All attorneys who practice before the USPTO must abide by the Rules of Professional Conduct, which require that any attorney representing you:
• Has the knowledge and skill to competently represent you.
• Consults with you and keeps you informed about the status of your trademark matter.
• Does not make false statements of fact or law to the USPTO.

Make sure that the attorney you hire has experience prosecuting trademark applications at the USPTO and handling proceedings before the TTAB.

What is a specimen?

A specimen is a sample of how you are actually using your trademark in commerce. A specimen may be of a product label, packaging, a website screenshot, etc., which clearly displays the trademark. If you’re selling a service and not a physical item, then you can submit specimens such as flyers, brochures, sell-sheets, etc.

What is a fanciful trademark?

Marks that are made up and have no meaning except when applied to a specific product or service are called fanciful marks. An example of a fanciful trademark is Exxon. It has no meaning other than being a brand of gasoline.

What should I register first: the name of my business or my brand logo?

Most trademark attorneys recommend that you register both your business name and logo using separate trademark applications at the same time. If you have to prioritize, trademark the name of your business first. Then, register the logo.

Some business owners try to save money by registering just the logo if it contains the name of their business. It’s killing two birds with one stone, right? 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. Consult with an experienced trademark attorney if you are unsure of how to go about trademarking your intellectual property.

Additional Information on Trademark Registration for Hershey Businesses

Hershey, Pennsylvania was founded by an entrepreneur who had big dreams, drive, and determination. That can-do spirit lives on as entrepreneurs and new-business owners are revitalizing the downtown sector by opening shops and restaurants along Chocolate Avenue. If you’ve been inspired to start your own business, be sure to work with an attorney to register your trademarks.
In an effort to save time and money, some small businesses forego proper trademark registration with the USPTO and believe that a Google search is enough for them to determine if the name they want is available or not. While this DIY option seems like a money-saving idea, it actually winds up costing more in the long run.

Consider this scenario: Debbie has decided to open a hair salon near downtown Hershey. Because she plans to use only natural, plant-based products in the salon, Debbie chooses the name “Green and Gorgeous.” A quick internet search reveals that there are no other salons in Hershey or even Pennsylvania are using the same name. She assumes that she’s free to use the name she’s chosen and invests in store signage, a beautiful website, and even aprons with the shop’s logo printed on it.

However, the manufacturer of a popular, all-natural shampoo called “Green & Gorgeous” sends Debbie a cease-and-desist letter about 2 years after salon has opened and she’s developed strong customer recognition in the community. The shampoo company had registered their mark with the USPTO more than 10 years ago. They are well within their right to ask Debbie to close her shop and rebrand, which will cost her thousands of dollars and may reduce her client base.

Don’t try to save money on trademark registration. Your brand is worth investing in right from the start. Contact the attorneys at Cohn Legal for a complimentary trademark consultation. We specialize in startups and have a cost-effective fee structure.

Trademarks Services for Hershey Businesses

• Trademark Search Services
• Trademark Application Filing
• Trademark Infringement Defense
• Trademark a Name
• Trademark a Phrase
• Trademark Cease and Desist Letters
• Trademark Office Action Response
• Trademark Abandonment