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Lexington, Kentucky Businesses Use Cohn Legal for Trademark Services
* Cohn Legal, PLLC is not located in Lexington and yet it can assist businesses from Kentucky in registering a federal Trademark because trademarks are governed under federal law.
Serving clients in Lexington, Kentucky, Abe Cohn is the Managing Partner of Cohn Legal, PLLC. While Abe loves working with startups and entrepreneurs and relishes the opportunity to help them build their businesses from the ground up. At the end of the day, Abe strives to make his clients’ lives easier.
Top 8 Questions Lexington Businesses Have About Obtaining a Trademark
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. The USPTO is a division of the U.S. Department of Commerce responsible for reviewing trademark applications and registering trademarks for products and services. The USPTO does not, however, assist in the enforcement of trademark rights. Trademark enforcement is solely the responsibility of the trademark owner.
What is a merely descriptive trademark?
You may have been told that you are not able to register your trademark because it is considered to be “merely descriptive” by the USPTO. Merely descriptive means that your mark simply describes a function, feature, purpose, or characteristic of the product being manufactured or sold.
For example, you wouldn’t be able to brand your new frozen yogurt as “cold and sweet.” Cold and sweet are two words that describe the characteristics of any frozen yogurt. All frozen yogurt brands manufacturers should have access to these common words.
Should I wait until my business is up and running before filing an application for trademark registration?
In order to protect your business and your brand, you should file a trademark registration application well before your business is up and running. In fact, as soon as you have an idea for a name, logo, design, etc., then contact a trademark attorney who can help you start the trademark registration process.
Does my business need more than one trademark?
Most likely, your business will need more than one trademark. For example, you may want to obtain one trademark for your business name, one for your logo, and one for the name of your product. The trademark attorneys at Cohn Legal can help you determine how many trademarks are appropriate for your business.
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 in these instances:
• A third-party believes your existing trademark or pending application is harming or may harm their business and should be cancelled.
• You want to appeal an examining attorney decision to reject your trademark application.
• You want to challenge a third party’s existing trademark or pending trademark.
All of these proceedings have specific procedures and strict deadlines that must be adhered to. A trademark attorney can help you navigate these proceedings and help you settle the dispute in a way that suits your best interests.
Does retaining the services of a trademark attorney increase the chances of my trademark application being approved?
A recent study conducted by the University of North Carolina found that trademark applications submitted with the assistance of a trademark attorney were 50% more likely to be approved. With a trademark attorney by your side, you know that your application will be submitted completely and correctly, and therefore, is more likely to be approved upon first submission.
What does “used in inter-state commerce” mean?
In order to obtain a registered trademark, the specific trademark must be attached to a product or a service that has been sold across state lines or is offered in several states. Selling one t-shirt to a friend in another state likely won’t count as inter-state commerce. However, selling 100 t-shirts to residents of four states other than your own would likely fulfill the inter-state commerce requirement. The USPTO’s rules around what constitutes inter-state commerce are vague, so it’s best to speak to a trademark attorney who can give you clear guidance.
Should I register the name of my business before I register the logo?
Ideally, you want to trademark both the name of your business in plain text and your logo using separate trademark applications. If you have to prioritize, then trademark the name of your business in plain text first. Register the logo as soon as possible after that.
Some business owners try to save money by registering just the logo if it contains the name of their business. That may seem like a logical solution, but it’s not recommended because if you want to change the design of your logo, then you risk losing trademark protection for the name of your business.
Additional Information on Trademark Registration for Lexington Businesses
Lexington is experiencing a boom in economic growth, which makes it an ideal place for entrepreneurs to open a new business. Many new business owners in the Lexington area are budget conscious, and may not want to spend money on trademark registration. It’s certainly a good idea to watch your dollars at the start of a new venture, however, moving forward without a trademark registration could hurt your brand and your business in the long-run.
Consider this scenario: Lily is an outdoors enthusiast living in Lexington. She enjoys hiking and along the many trails surrounding the city. She decides to turn her passion into a business and opens up a store selling hiking boots, gear, and accessories. She’ll also offer guided tours of the trails to tourists and locals. She decides to name her store Lifetime Adventures and gets started right away creating store signage, a website, product labels, and marketing materials.
Unfortunately, Lily is about to get some upsetting news. It turns out that there’s an online retailer that sells outdoor hiking and camping equipment that is also using the name Lifetime Adventures. They trademarked the name years ago so they are well within their rights to ask Lily to close her shop and rebrand her business. This will cost Lily a lot of money, and she risks losing her customer base while her doors are closed. This could have been avoided if Lily had worked with an attorney to complete a comprehensive trademark search and file for trademark registration before she opened her business.
If you are opening a new business or growing an existing one, don’t put off trademark registration. Your brand is worth investing in right from the start. 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 Lexington 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.