Jacksonville, Florida Businesses Use Cohn Legal for Trademark Services
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 that 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 that 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 the 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.
Why Trademark Registration Matters for Jacksonville Businesses
Jacksonville is home to trendy shops, outstanding restaurants, fun festivals, and boutique hotels. Its hip, yet unpretentious vibe has been attracting new business owners for years. One thing that these new businesses need is strong trademark protection.
The process of creating a strong trademark starts in the earliest stages of planning for your business. Working with a trademark attorney can help make sure that you are taking the correct steps to protect your intellectual property.
Imagine the following: Nicole is a resident of Jacksonville and loves spending time at her favorite restaurant. She just finished culinary school and dreams of opening a small seafood restaurant where her special crabcakes will be the main attraction.
She found the perfect little spot near the water to open her restaurant and quickly signed the lease. She had the name already picked out: Charm City Crab Company.
Nicole conducted a Google search to see if the name already existed. She didn’t find any matches. However, she wasn’t satisfied. Nicole contacted a trademark attorney because she wanted to be absolutely sure that she could invest in her brand.
The trademark attorney was able to conduct a thorough search of current businesses registered with the USPTO as well as names of businesses that were pending approval. The attorney got back to Nicole with good news. No one else has trademarked the name Charm City Crab Company. She was thrilled and the attorney got to work submitting her trademark application.
Nicole knew the entire trademark approval process could take about 6 to 8 months so she didn’t create signage or print anything with her logo on it right away. When she finally received word that her trademark application was approved, then she went ahead with ordering menus, signage, and even aprons with the restaurant logo.
Nicole’s trademark attorney congratulated her on the successful outcome. The next step was for them to come up with a plan to continue to monitor the market to ensure no other business used the brand she worked so hard to create. It’s the responsibility of the trademark owner to protect their trademark and submit the required renewal paperwork to the USPTO.
If you are starting a new business, then contact the attorneys at Cohn Legal for a complimentary consultation about your trademark needs.
** 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.
Trademarks Services for Jacksonville 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.