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for Idaho Falls ID
Idaho Falls, Idaho Businesses Use Cohn Legal for Trademark Services
Serving clients in Idaho Falls, Idaho, Cohn Legal, PLLC is committed to providing unparalleled legal counsel and expertise to their clients. Extensive experience in handling complex IP law has equipped our attorneys with the requisite knowledge and expertise required to deliver work of truly extraordinary quality. While excellence in legal representation is a given, we also take great pride in our ability to forge lasting bonds with our clients.
Top 7 Questions Idaho Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a source identifier that may be a word, logo, slogan, sound, and or design that when attached to a good or service, enables a consumer to identify the company which produces the good or service.
What does it mean when a mark is said to be “merely descriptive”?
A “merely descriptive” trademark is one that just describes a feature or characteristic of the specific product being sold. Let’s say that a pretzel manufacturer tried to copyright the name “Crunchy and Salty” for their new line of pretzels. The USPTO would not allow it because they are two words that describe the characteristics of pretty much every other pretzel on the market. As such, those words should be available to all pretzel manufacturers.
Does my business need more than one trademark?
Yes, most businesses will need to submit more than one trademark application. For example, many businesses trademark their business name, their designed logo, and the names of any specific products. The experienced trademark attorneys at Cohn Legal can help you determine how many trademarks you will need.
How do I prove that my product is “used in interstate commerce”?
The USPTO wants to see that your desired trademark is attached to a product that’s been sold across state lines. However, the requirements for interstate commerce aren’t clearly defined by the USPTO.
That being said, you can assume that selling 2 pieces of jewelry to a friend in another state won’t meet the USPTO’s requirement of interstate commerce. But if you’ve sold 125 pieces of jewelry to individual customers and retailers in 4 states, then that would likely fulfill the interstate commerce requirement. Again, the rules are ambiguous, so it’s best to speak to a trademark attorney who can give you clear guidance.
What is a Trademark Office Action?
TEAS stands for the Trademark Electronic Application System. TEAS is available 24/7 for you to submit your trademark application and pay the associated fees online.
There are 3 different types of trademark applications to choose from each has its own fee:
- The TEAS Plus Filing option is $250 per class of goods or services.
- The TEAS Reduced Fee option is $350 per class of goods or services.
Speak with an experienced trademark attorney to determine which filing option is best for you.
I already submitted my application to the USPTO. Is it too late for me to hire a trademark attorney?
It’s never too late for you to hire a trademark attorney. Even if you’ve already filed your trademark application, there’s plenty that a trademark attorney can help you with.
For example, an attorney can help you determine the next steps to take if your application is rejected or the USPTO requires more information. Once your mark is registered, an attorney can monitor the market for any instances of infringement. An attorney can also represent you in court if you become involved in any litigation. And, of course, a trademark attorney can be contacted for general questions and advice about trademark registration.
Can I file a trademark if I’m not yet selling any products, but I plan to?
Anyone who wants to register a trademark before they’re ready to start selling their product or service can do so. They just need to be sure to register their trademark with the Intent-To-Use (ITU) application.
After the ITU application is submitted and reviewed by the USPTO, the applicant will receive a notice of allowance (NOA). Once that document is received, the applicant will have 6 months to submit a Statement of Use which shows the trademark being used in commerce. The applicant may also file for an extension, which gives them another 6 months to submit a Statement of Use. An applicant may file up to 5 extensions.
Why Trademark Registration Matters for Idaho Falls Businesses
Idaho Falls is a charming city with a downtown area that’s been revitalized in recent years. People in Idaho Falls have a “can-do” attitude that is evident when you see the number of small businesses that have opened up. However, it’s important that these entrepreneurs understand the importance of hiring a trademark attorney to help them register their trademark with the USPTO.
Imagine the following: Jon has been assisting a wedding photographer for years and is ready to strike out on his own. He wants to call his new business Enchanted Memories Photography. He searches for that name on Google and doesn’t see any other businesses with that name in Idaho Falls. He figures that he’s good to go.
Jon creates a logo, develops a website, sets up social media accounts, and prints business cards. He also invests in advertising on wedding planning sites and in local papers. Soon enough, the calls start coming in and Jon is booking gigs faster than he could have ever imagined.
However, Jon won’t get to photograph too many weddings because he received a cease-and-desist letter in the mail. A photographer in Florida has a business with a similar name. The only difference is that she registered her trademark with the USPTO. She has every right to demand that Jon stop operating his business until he rebrands.
Now, Jon will have to halt his business and possibly cancel some of the weddings he’s booked in the meantime. Overall he’ll have lost thousands of dollars.
When it comes to trademark registration, you can’t simply trust a Google search. It’s always worth it to spend the time and money on a trademark attorney who can ensure that your desired trademark is available for use and properly registered with the USPTO.
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 Idaho Falls and yet it can assist businesses from Idaho in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Idaho Falls 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.