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Honolulu, Hawaii Businesses Use Cohn Legal for Trademark Services
Serving clients in Honolulu, Hawaii, Cohn Legal, PLLC is a boutique law firm that focuses on startups and entrepreneurs, with an emphasis on providing excellence in intellectual property protection. Abe Cohn, the Managing Partner of Cohn Legal, PLLC, loves working on trademark prosecutions but also relishes the opportunity to help companies build something from scratch. At the end of the day, Abe strives to make his clients’ lives easier.
Top 7 Questions Honolulu Businesses Have About Obtaining a Trademark
Can I trademark a Slogan?
Absolutely. Slogan or Phrase trademarks are incredibly popular and powerful tools for one to brand one’s business. Is there anything more iconic than Nike’s, Just Do It slogan? Branding efforts require company’s to deliver messages of meaning to their consumers and by registering a trademark for one’s slogan, the company’s brand really emerges into something bigger and more memorable.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?
If you are domiciled outside of the United States and are seeking trademark registration or are involved in proceedings before the USPTO, then you must be represented by a U.S.-based attorney. You don’t have to personally appear before the USPTO if you don’t want to, but your representation must be an attorney who is licensed to practice law in the United States.
If you are a trademark applicant or registrant domiciled in the United States or its territories, you aren’t required to have legal representation. However, it’s strongly recommended that you do hire a U.S.-licensed attorney who specializes in trademark law to guide you through the registration process.
How can a trademark attorney help me enforce my trademark rights?
An attorney can help you enforce your trademark rights in several ways. A trademark attorney can provide counsel if you discover other parties are using and infringing on your trademark. Your trademark attorney can also represent you in court 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 law, mandate, or requirement that says you must conduct a trademark search before filing an application for a trademark, but it’s in your best interest to do so. The reason is, if someone registers a mark that’s similar to yours before you do, then that can block your trademark from being registered. Your best course of action is to 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 or pending application is harming or may harm their business and should be cancelled.
• 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, so you’ll want to hire a trademark attorney. 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.
Does my business need more than one trademark?
Most businesses will need to submit more than one trademark application. For example, you may want to obtain one trademark for your business name, one for your logo, and one for the name of your product. The trademark attorneys at Cohn Legal can help you determine how many trademark applications you’ll need to submit.
Does retaining the services of a trademark attorney increase the chances of my trademark application being approved?
A study by the University of North Carolina found that trademark applications submitted with the assistance of an attorney were 50% more likely to be approved. This is because your attorney will conduct a comprehensive trademark search and provide valuable legal advice throughout the registration process. Your application will be submitted completely and correctly, and therefore, is more likely to be approved upon the first submission.
Why Trademark Registration Matters for Honolulu Businesses
With year-round sunshine and warm temperatures, beautiful Honolulu is a wonderful location in which to open a new business. If you’re considering a new business venture in Honolulu, then now is a perfect time. Just be sure that you register your trademark with the USPTO.
Imagine the following: Talia is a certified massage therapist who has a dream of opening her own day spa in downtown Honolulu. She’ll offer massages of course, but also facials, a sauna, hot tubs, and other luxury self-care services. She’s calling her new business the Sun Glow Day Spa.
Talia is aware of trademark registration but wants to take care of all of the other things on her to-do list first like renovating the space, hiring staff, passing the city health inspection, and creating a marketing plan.
After months of hard work, Talia opens her new spa and it’s a big hit with tourists and locals alike. She’s booking several appointments every day of the week. Unfortunately, she’s about to get some bad news.
She receives a cease-and-desist letter from the attorney representing the owners of the Sunny Glow Spa in Tucson. The owners have trademarked the name of their business and believe the name of Talia’s spa is too similar to their own. They demand that Talia stop doing business immediately and not reopen until she renames her spa. This is a costly and time-consuming proposition and leaves Talia wondering if she’ll be able to stay in business.
If Talia had worked with a trademark attorney from the beginning, then she may have avoided this. 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 Honolulu and yet it can assist businesses from Hawaii in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Honolulu 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.