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for Lancaster PA
Lancaster, Pennsylvania Businesses Use Cohn Legal for Trademark Services
*Cohn Legal, PLLC is not located in Lancaster and yet it can assist businesses from Pennsylvania 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 clients in Lancaster, Pennsylvania, our trademark attorneys absolutely love helping companies protect their brand names and logos. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates.
Top 10 Questions Lancaster Businesses Have About Obtaining a Trademark
What is a trademark?
Any piece of intellectual property that represents your brand in the marketplace can be a trademark. Common trademarks include business or product names, logos, and slogans. However, even sounds, smells, and colors can be protected through trademark registration. A trademark helps your product stand apart from products in the same category. For example, the distinctive Nike logo is what makes it stand apart from other sneaker brands.
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. An examining attorney at the USPTO reviews trademark applications and makes decisions on whether or not they are eligible for registration.
The USPTO also maintains records of existing and pending trademarks. However, the USPTO does not enforce trademark rights. It is the responsibility of each trademark owner to protect their own trademarks.
What is TEAS?
TEAS stands for the Trademark Electronic Application System. This is basically an online portal where you can submit your trademark application to the United States Patent and Trademark Office. TEAS is easy to use and available 24/7. You can also pay your application fees through TEAS.
Am I required to work with an attorney when registering a trademark?
The USPTO doesn’t require U.S. applicants to work with an attorney, but it is strongly encouraged. Working with an attorney means your trademark applications will be more complete and more accurate. In fact, a recent study by the University of North Carolina found that trademark applications submitted with the help of an attorney are 50% more likely to be approved.
Please note that applicants based outside of the United States who are dealing with the USPTO are required to have an attorney who is licensed to practice trademark law in the United States as their representative.
What are Office Actions?
The USPTO may issue an Office Action at some point during the trademark registration process. There are many reasons to receive an Office Action. Sometimes, the Office Action is explaining why your trademark application was rejected. Other time, the Office Action is asking for addition materials or clarification on some part of your application. It’s extremely important to consult with a trademark attorney if you’ve received an Office Action.
What should I do if I think someone is infringing on my trademark?
If you think someone is infringing on your registered trademark, then it is best to contact a trademark attorney who will determine the best course of action. In many instances, a cease-and-desist letter is all that is needed, but occasionally more formal legal action will need to be taken.
Will my U.S. trademark will protect my brand in other countries?
If registered with the USPTO, your trademark only protects your brand within the Unites States. If you want to protect your brand in foreign countries, then you need to apply for trademark registration within those countries. Please contact a trademark attorney for assistance with getting international trademark protection.
I searched for the trademark I want through Google. Is that good enough?
A simple Google search, will not be sufficient to determine whether the trademark you want is available for registration. Trademark attorneys have access to a more sophisticated search software that will reveal both exact and similar matches to your trademark.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication. It’s released every Tuesday and includes information about the latest trademarks that have been approved. Once a trademark is published in the Official Gazette, any individual has 30 days to come forward and oppose the trademark. If no one opposes the trademark, then it is officially registered.
How long does it take to register a trademark?
Once your application is submitted to the USPTO, it can take anywhere from 8 to 10 months to get your trademark approved. In some cases, the process can take more than a year.
There are certain circumstances in which the USPTO will allow the application process to be expedited. You can request an expedited application process in matters of litigation, when there’s the possibility of trademark infringement, or when there exists a need to get a U.S. trademark to obtain a registration in a foreign country.
If any of these scenarios apply to you then it’s best to consult with a trademark attorney who can advise you on what steps you should take to request expedited processing.
Additional Information on Trademark Registration for Lancaster Businesses
The city of Lancaster has a rich history and a diverse population. There’s really never been a better time to open a new business in Lancaster. Young entrepreneurs looking to start a small business in Lancaster often ignore or delay registering their trademark in favor of scouting locations, hiring employees, and creating a marketing plan. However, you’re putting the future of your business at risk without putting trademark protections in place.
Consider this scenario: Denise has worked as a teacher of young children for years. She’s decided to follow her dream of opening a preschool in Lancaster. She wants to call her new school the Birchwood Academy as the location she found is surrounded by birch trees.
With the name chosen, Denise gets right to work, furnishing classrooms, hiring teachers, creating signage, developing a website, and printing full-color brochures. With so much to do, she decides to wait on trademark registration. After all, no one in the Lancaster area is using the name she’s chosen for her preschool.
Unfortunately, that decision ends up costing Denise both time and money. Just a few months after the preschool opens, Denise receives a cease-and-desist letter in the mail. It turns out that there is a chain of pre-schools in New Jersey, Delaware, and Connecticut that uses the name Birchwood Academy. The owner of those schools registered the name with the USPTO years before. Denise must close her business and invest even more time and money on rebranding her establishment.
Don’t wait to register your trademark. Whether you’re just starting to write your business plan or you’ve been selling your products and services for a while, the time to register your trademark is now. Contact the attorneys at Cohn Legal for a complimentary trademark consultation. We specialize in startups and have a cost-effective fee structure.
Trademarks Services for Lancaster 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.