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Lincoln, Nebraska Businesses Use Cohn Legal for Trademark Services
* Cohn Legal, PLLC is not located in Lincoln and yet it can assist businesses from Nebraska in registering a federal Trademark because trademarks are governed under federal law.
Serving clients in Lincoln, Nebraska, Cohn Legal, PLLC is a law firm that focuses on intellectual property rights for startups and entrepreneurs. On the most fundamental level, our goal is to provide our clients with exceptional guidance on all trademark matters 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 Lincoln Businesses Have About Obtaining a Trademark
Do the symbols “TM” and “®” mean the same thing?
The symbol ® indicates that your trademark has been federally registered with the USPTO. Using the ® symbol prior to obtaining your federal trademark registration is unlawful and may be cause for rejection of your application. While your trademark application is being processed, you are free to use the TM symbol to show that you have “common law” rights to your trademark.
What is a fanciful trademark?
Fanciful trademarks are marks which are usually made up or invented. These marks only have meaning when applied to a specific product or service. An example of a fanciful trademark would be Exxon, Netflix, or Pepsi. These words have no meaning outside of its use as a brand name of a specific product.
Do I need to conduct a trademark search before filing my application?
There’s no requirement to conduct a trademark search before filing an application, but it’s a good practice. You can access the USPTO’s database of registered trademarks and pending trademarks to search for a trademark that may be similar to yours.
If your search reveals that no one has a name similar to yours, then you can proceed with a degree of confidence. However, if someone has already registered the name you wanted, then it’s better that you have this information before you’ve invested in marketing materials, packaging, signage, a website, and anything else that would bear your logo and business name.
Will my business require multiple trademarks?
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 should be cancelled because it is causing confusion in the marketplace.
• You want to appeal an examining attorney’s rejection of your trademark application.
• You want to challenge a third party’s existing trademark or pending trademark because you believe it is infringing on your existing trademark.
These proceedings can be complex, so it’s best to contact a trademark attorney who can represent you.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?
You are required to have an attorney who is licensed to practice law in the Unites States if you are a trademark applicant or registrant who is domiciled outside of the United States or its territories.
If you are a trademark applicant or registrant who is domiciled in the United States or its territories, then there is no requirement for you to be represented by an attorney. However, the USPTO strongly recommends that you do hire a U.S.-licensed attorney who can represent you and look out for your best interests.
What are the USPTO’s “Rules of Professional Conduct”?
All attorneys who appear before the USPTO must abide by the Rules of Professional Conduct.
These rules require that any attorney representing you must:
• Have the knowledge and skill to competently represent you.
• Consult with you and keeps you informed about the status of your trademark matter.
• Not make false statements of fact or law to the USPTO.
How long does a trademark last?
Trademarks can last for as long as you want them to. You just need to keep up with the renewal deadlines that are set by the USPTO. Renewals occur about every 5 or 10 years, but it’s best to consult with a trademark attorney who can ensure your renewal documents are filed correctly and on time. Missing a deadline could mean that you will lose your trademark.
Additional Information on Trademark Registration for Lincoln Businesses
Lincoln is a city that’s been thriving in recent years. New businesses are popping up and existing businesses are growing and expanding. Some smaller businesses, in an effort to save time and money, move forward without hiring an attorney to conduct a trademark search and file a federal trademark. This appears to save the business owner time and money up front, but this decision almost always winds up hurting new business owners in the long run.
Consider this scenario: Jason has decided to leave his current job working for a landscaping company and follow his dream to start his own landscaping business. Jason plans to use only eco-friendly, chemical-free products on his clients’ lawns, bushes, and trees and chooses the name Green Earth Landscaping for his business. A quick Google search reveals that no other landscapers in the Lincoln area are using the name Jason wants. He assumes that he’s free to use the name he’s chosen.
Jason’s new business is going very well for the first few months. He’s steadily gaining clients and word is spreading about his outstanding talent for landscaping. Unfortunately, Jason receives a cease-and-desist letter in the mail about 7 months after launching his new venture.
It turns out that there is a fertilizer company in Pennsylvania that manufactures and sells a fertilizer called Green Earth. The Pennsylvania company trademarked the name about 15 years ago so they are well within their rights to ask Jason to not use the name.
Now, Jason must halt his business and rebrand before opening up again. That’s a costly and time-consuming endeavor. Plus, he may lose the clients he’s worked so hard to get.
If you are opening a new business or growing an existing one, make sure you register your trademark as soon as possible. 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 Lincoln 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.