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for Indianapolis IN
Indianapolis, Indiana Businesses Use Cohn Legal for Trademark Services
* 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.
Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Serving to 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 Unites 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 $225 per class of goods or services.
- The TEAS Reduced Fee option is $275 per class of goods or services.
- The TEAS Regular Filing option is $400 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 which 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.
Additional Information on Trademark Registration for Indianapolis Businesses
From car racing to football, art galleries to gourmet restaurants, Indianapolis has something for everyone. It’s this wide diversity of interests that attracts entrepreneurs who are looking to start new businesses. These entrepreneurs are often budget conscious, and want to put their resources into product development, leasing space, and marketing. Most skip filing for a trademark. This decision may seem cost effective in the short term, but it could be an expensive mistake.
Consider this scenario: Justine has lived in Broad Ripple for more than 10 years. Every morning as she runs along the Monon Rail Trail, Justine notices the number of residents with dogs. This gives her an idea. Justine starts her own mobile pet grooming business. She chooses the name Pet Pal Grooming and creates a logo. She invests in a large van, has grooming equipment installed, and plasters her logo on both sides. Justine hands out fliers to every dog owner she sees and soon starts getting a steady flow of customers.
Unfortunately for Justine, the Pet Pal Veterinarian Clinic in the Speedway area has federally registered its trademark because they plan to franchise nationwide. Only a few months after opening up, Justine receives a cease-and-desist letter from the clinic. She can either re-name her business, or face potential legal action or to re-name her business. Justine has to pause her business and re-brand, which is time consuming and costly.
This could have been avoided if Justine had worked with a trademark attorney and conducted a proper trademark search before investing in her brand. She would have discovered the Pet Pal Veterinary Clinic and chosen a new name for her business.
Cohn Legal works with businesses of all sizes to help them protect their intellectual property. Please contact Cohn Legal today to learn more about trademark registration.
Trademarks Services for Indianapolis 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.