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Jackson, Mississippi Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm that focuses on establishing and protecting the trademark and intellectual property rights of business owners in Jackson, Mississippi. Our priority is delivering world-class legal counsel at cost-effective rates. While excellence in legal representation is a given, we take greater pride in creating lasting bonds with our clients.
Top 8 Questions Jackson Businesses Have About Obtaining a Trademark
What is the USPTO?
The United States Patent and Trademark Office (USPTO) is the federal office that reviews and makes decisions on trademark applications. The USPTO also keeps records of all existing and pending trademarks.
What does the term “fanciful trademark” mean?
A fanciful trademark is a word that has no meaning unless it’s being used to refer to an underlying product. Pepsi, for example, is a fanciful trademark. It has no meaning other than the product it’s referring to. Other examples include Kleenex, Oreo, and Lego.
Am I allowed to trademark a generic term?
The USPTO will not allow you to trademark generic terms or words. For example, you can’t trademark the word bicycle as the name of your new brand of bicycles. Nor can you trademark the word computer as the brand name of your new line of computers. Remember, the best trademarks are unique and recognizable by consumers.
I already submitted my trademark application. Can a trademark attorney still help me?
Even if you’ve already submitted a trademark application to the USPTO, a trademark attorney can help you with many other parts of the trademark registration process. For example, a trademark attorney will:
- Respond to Office Actions on your behalf.
- Help you register other trademarks you may have.
- Watch for possible infringement of your mark once it’s approved.
- Submit trademark maintenance documents on your behalf.
Will the USPTO let me know if a competitor is infringing on my trademark?
No, the USPTO won’t alert you if a competitor is infringing on your trademark. The USPTO does not keep track of trademark infringement.
It is the responsibility of the trademark owner to monitor the competition to ensure no one is infringing on the mark. Many legal firms, like Cohn Legal Group, can be hired to watch for trademark infringement on your behalf.
Does my trademark registration remain valid outside of the U.S.?
If you register your trademark with the USPTO, then it’s protected in all 50 states and the U.S. territories. However, it’s not protected in foreign countries. You need to file for trademark registration in any country where you do business and need trademark protection. Speak to a trademark attorney about how to go about registering your mark in countries outside of the U.S.
What is the USPTO’s Trademark Official Gazette?
Once an examining attorney approves your trademark application, it gets published in the Trademark Official Gazette (TOG) for a 30-day opposition period. During that time, anyone who can prove that the approval of your mark may harm their business can come forward. If no one submits an opposition after 30 days, then your mark moves to the final approval process.
What are the fees associated with submitting trademark applications?
The USPTO has three different types of applications for you to choose from when submitting your trademark registration. Each different application has its own fee attached:
- The TEAS Plus Filing option is $225 per class of products or services. TEAS Plus applicants may only choose from the list of pre-approved descriptions when designating their products or services.
- The TEAS Reduced Fee option is $275 per class of products or services.
- The TEAS Regular Filing option is $400 per class of products or services. The TEAS Regular filing option is clearly the most expensive option, but it gives you the greatest flexibility when filing.
Contact a trademark attorney for advice if you are not sure which application would be best for you to use with your products or services.
Why Trademark Registration Matters for Jackson Businesses
Jackson, Mississippi is known as the “City With Soul” because of the triumphant spirit of those who overcame hardships to help make the city the art and music mecca that it is today. That perseverance lives on today in the small business owners and entrepreneurs who call Jackson home.
These business owners know what it takes to start a successful venture. There’s product development, marketing, business plans, hiring staff, and so much more. It can be tempting to put off trademark registration since there’s so much to do. However, registering your mark as soon as possible is one of the most important things you can do to protect your brand and your business.
Imagine the following: After years of learning how to make whisky and spirits in distilleries around the world, Wally decides to return to his hometown of Jackson, Mississippi to start his own distillery. He wants to create high-quality craft gin along with other alcohols.
Wally decides to call his new distillery The Jackson Gin Room and he gets busy turning his dream into a reality. He finds an excellent location in the Fondren neighborhood of Jackson and signs the lease. Then he creates a marketing plan, orders new equipment, interviews potential staff, sets up a website, and more. Wally knows that trademark registration is important, but he thinks he can’t focus on that right now. He has so much more work to do.
Finally, it’s time for his grand opening. Residents and tourists alike are flocking to the Jackson Gin Room for Wally’s outstanding craft gin. Several liquor stores in Mississippi and Tennessee are even stocking his gin on their store shelves. It’s a dream come true for Wally.
Unfortunately, his dreams are about to go up in smoke. There’s another craft distillery in Jacksonville, Florida called the Jacksonville Gin Room. They found Wally’s business online and didn’t like the fact that the name of his distillery was so close to theirs. Since the Florida distillery trademarked the name of their business more than 5 years ago, they were well within their rights to have their lawyer send a cease-and-desist letter to Wally. The letter demands that Wally shut down his operations and not re-open until he rebrands. The letter even threatens legal action if Wally doesn’t comply.
Wally is completely blindsided by this news. He’s concerned because he knows that rebranding will be a laborious and costly process. He also doesn’t have the resources for a legal battle.
If Wally had gone to a trademark attorney before he started investing money into his business, he could have avoided all of this. The trademark attorney would have conducted a clearance search, found the Jacksonville distillery, and advised Wally to change the name of 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 Jackson and yet it can assist businesses from Mississippi in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Jackson 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.