Indianapolis, Indiana 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. Serving clients in Indianapolis, Indiana, our trademark attorneys absolutely love helping companies protect their brand names and logos. Abe Cohn is the Managing Partner of Cohn Legal and relishes the opportunity to help companies build their business from the ground up.
Top 7 Questions Indiana Businesses Have About Obtaining a Trademark
Does my business need more than one trademark?
If you are domiciled outside of the United States, then you must be represented at the USPTO by an attorney who is licensed to practice law in the United States. In fact, you may not even need to appear before the USPTO yourself as long as you have a U.S.-licensed attorney representing you.
If you are domiciled in the United States, then you don’t need to be represented by an attorney for any matters that pertain to the USPTO. You have the right to represent yourself. However, it is in your best interests to hire a U.S.-licensed attorney who specializes in trademark law.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?
Yes, the USPTO requires that you have a product or service that is in commerce or you intend to be in commerce before filing a trademark application. The USPTO won’t allow you to arbitrarily trademark a name, design, or logo without a product, service, or business to attach it to.
In what ways can a trademark attorney help small business owners?
A trademark attorney can help small business owners in several ways. For example, if you’re a small business owner, a trademark attorney can:
- Help you understand your trademark rights and how to enforce them.
- File trademark applications for your business name, logo, and other pieces of intellectual property on your behalf.
- Provide counsel if you discover other parties are infringing on your trademark.
- Represent you in all trademark litigation matters.
- Ensure that all required trademark renewal documents are timely and accurately filed, so you are never at risk of losing your mark.
Should I wait until I begin business operations to file my trademark application?
No, you should not wait until you begin business operations before filing your trademark application. In order to protect your business, you should file a trademark application once you’ve decided on a business name or logo. Once it’s registered, then you can feel confident investing in your brand.
Is there a fee associated with submitting a trademark application through TEAS?
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, each with 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.
Is it ever too late for me to hire a trademark attorney?
You should always hire a trademark attorney as early in the process as possible. That being said, It’s never too late for you to hire a trademark attorney. There’s plenty an attorney can assist with no matter where you are in the process.
For example, an attorney can help you determine what to do if your trademark application is rejected. 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 needed. And, of course, a trademark attorney can be contacted for general questions and advice about trademark registration.
Is there a difference between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are marks that are usually made up or invented. An example of a fanciful trademark would be Exxon or Pepsi. Neither word has meaning outside of its use as a brand name of a specific product.
An arbitrary mark is a mark that has a meaning on its own, but it’s applied to a particular product that’s unrelated to that meaning. An example would be Apple. An apple is the generic name of a fruit, but when applied to a technology company, it has no particular meaning. Another example is Peter Pan. Peter Pan is the name of a character in a book, but when applied to peanut butter, it has no particular meaning and is therefore considered to be distinctive.
Why Trademark Registration Matters for Indianapolis Businesses
Indianapolis is home to iconic the world’s largest children’s museum. Its diverse population includes long-time residents, university students, and corporate professionals and home to three Fortune 500 companies, making the city a fantastic location to start a new business. Just sure to take care of trademark registration sooner rather than later. It can save you from headaches and hassles down the line.
Imagine the following: Tony is a barber who’s been working in shops in downtown Indianapolis and finally decides to strike out on his own. He finds the perfect location near Butler University to open his own barbershop. He calls his shop University Cuts and gets to work renovating the space, creating a marketing plan, interviewing barbers, and creating a website.
Tony knows that trademark registration is important, but he doesn’t want to spend the money on that right now. He decides to wait.
Tony’s shop opens up right after the fall semester starts and college kids are coming to his shop every day. Business is going better than ever. Unfortunately, Tony receives a cease-and-desist letter just 2 months after opening.
Ironically enough, there is already a shop called University Cuts located near the Martin University. They, however, registered their trademark with the USPTO. One of the owners came across Tony’s website and didn’t want there to be any confusion between the two shops. The Martin University shop owners are well within their rights to ask Tony to close his doors and rebrand. Tony isn’t sure if he can afford the unexpected expense and is afraid that he may have to close down permanently.
Don’t wait to register your trademark. Whether you’re just starting out or you’ve been in business for a while, the time to register your trademark is now.
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 Indianapolis and yet it can assist businesses from Indiana in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Indianapolis 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.