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Jacksonville, Florida Businesses Use Cohn Legal for Trademark Services
* Cohn Legal, PLLC is not located in Jacksonville and yet it can assist businesses from Florida in registering a federal Trademark because trademarks are governed under federal law.
Cohn Legal, PLLC is a boutique law firm that focuses on intellectual property protection for startups and entrepreneurs. Serving clients in Jacksonville, Florida, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates. While excellence in legal representation is a given, we take greater pride in our ability to forge lasting bonds with our clients.
Top 8 Questions Florida Businesses Have About Protecting 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 is the difference between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are marks which are typically made up and only have meaning when applied to a good or service. An example of a fanciful trademark is Exxon or Xerox. The words themselves have no meaning other than to indicate a brand of product.
An arbitrary mark which has meaning but when applied to a particular good or service, is unrelated. An example of an arbitrary mark is Peter Pan for peanut butter. Peter Pan is the name of a character in a children’s book. When it’s applied to peanut butter, it is distinctive.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?
If you are a foreign-domiciled trademark applicant, registrant, or party to trademark Trial and Appeal Board proceedings, then you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
If you are a trademark applicant or registrant domiciled within the United States or its territories, you actually don’t need to be represented by an attorney. However, it is 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?
A trademark attorney plays an important role in helping you protect your trademark rights. For example, a trademark attorney can:
• Help you file a trademark application with the USPTO
• Provide counsel if you discover other parties are infringing on your trademark
• Ensure that all required trademark renewal documents are filed on time
• Represent you in any litigation that may arise around your trademark rights
These are just a few examples of the services a trademark attorney can provide.
Can I sell products with a name or a logo that’s not trademarked?
Yes, you can sell products or services using a name or a trademark that’s not registered. However, it’s not recommended that you do so. If you use an unregistered trademark, a competitor could start using the mark to sell a similar product or service. They may even attempt to register your trademark for themselves. If you are serious about creating a successful business, then you need to register your trademark sooner rather than later.
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 or if your trademark is rejected by the USPTO and you want to appeal the decision.
All proceedings before the TTAB have strict guidelines and deadlines that must be adhered to. A trademark attorney can help you navigate these proceedings, present your best case or defense, and help you settle the dispute that satisfies your best interests.
How long does a trademark last?
Once a trademark is registered, it lasts for as long as you want it to. Trademarks have no expiration date. However, you will need to keep up with the renewal deadlines that are set by the USPTO. Your first renewal will come up approximately 5 to 6 years from the date you first registered the trademark. A second renewal will be due about 5 or 6 years after the first. All subsequent renewals will be due every 10 years.
If you do miss a deadline, then you run the risk of having your trademark canceled. Hiring a trademark attorney is the best way to ensure that you never miss a renewal deadline.
What is a trademark Office Action?
An Office Action is a letter from the USPTO that lists the reasons why your trademark application was rejected. There are a variety of reasons that your trademark application may be rejected. For example:
• Your desired mark or something similar to it is already in use.
• Your desired mark is too generic or too descriptive.
• Your desired mark includes name of geographic significance.
• Your application is missing important information.
If you receive an Office Action, then contact a trademark attorney as soon as possible. Your attorney can help you determine how you should respond.
Additional Information on Trademark Registration for Jacksonville Businesses
Jacksonville, Florida is one of the nation’s fastest growing cities, which makes it great place to open a new business. If you’re an entrepreneur in the Jacksonville area, then you’ve got a long list of items to take care of as you get ready to open your doors. That list most likely includes scouting locations, hiring employees, designing a website, and creating a marketing strategy.
While all of those are important parts of starting a new business, don’t forget about trademark registration. Registering your trademark gives you the confidence to move forward and invest in your brand.
Consider this scenario: Gina decides to follow her passion for fitness by opening an indoor cycling studio near San Marco. She decides to use the name Pedal Power for her new business. She’s visited every other cycling studio in the area and conducted a quick Google search and no one else is using the name. She creates a logo and invests in signage, marketing materials, and even brands her new bikes with her logo. Gina’s friends tell her that she should register her trademark, but she decides to wait until the business is turning a profit.
Gina’s business is quite successful at first, but then she gets some disappointing news. Just 10 months after opening her doors, she receives a cease-and-desist letter in the mail. An Atlanta-based fitness studio is planning to expand into North Florida. The name of the studio isn’t the same as Gina’s, but they trademarked the names of their individual classes that they offer and one of them is called Pedal Power. That never came up when Gina conducted her quick Google search.
The owners of the Atlanta-based studio are well within their rights to ask Gina to close her studio and rebrand the business, a task that is both costly and time consuming. Registering your trademark should always be a priority when starting a new business venture.
At Cohn Legal, we are skilled trademark attorneys who can conduct thorough trademark searches and advise you on trademark registration. Please contact Cohn Legal today to learn more about how we can help you.
Trademarks Services for Jacksonville 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.