Hershey, Pennsylvania Businesses Use Cohn Legal for Trademark Services
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’s 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.
Why Trademark Registration Matters for Hershey Businesses
Hershey is experiencing tremendous economic growth, which makes it an ideal place for entrepreneurs to start small businesses. Many new business owners in the Hershey area are watching every dollar they spend. Some may not want to spend money on trademark registration. It’s certainly a good idea to have a strict budget at the start of a new venture, however, moving forward without a trademark registration could hurt your brand and your business in the long run.
Imagine the following: Cedric is an outdoors enthusiast living in Hershey. He enjoys hiking along the many trails surrounding the city. He decides to turn his passion into a business and opens up a store selling hiking gear and accessories. He decides to name his store OK Adventures and gets started right away creating store signage, a website, and marketing materials.
Unfortunately, Cedric is about to get some distressing news in the form of a cease-and-desist letter. It turns out that there’s another Hershey retailer that sells outdoor hiking and camping equipment that is called the OK Adventure Shop. They trademarked the name of their business years ago so they are well within their rights to ask Cedric to close his shop and not reopen until he renames and rebrands the business.
This will cost Cedric a lot of money, and he risks losing her customer base while his doors are closed. This could have been avoided if Cedric had worked with an attorney to complete a comprehensive trademark search and file for trademark registration before he opened 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 Hershey and yet it can assist businesses from Pennsylvania in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Hershey 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.