Trademark Attorney Services
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Lincoln, Nebraska Businesses Use Cohn Legal for Trademark Services
Serving clients in Lincoln, Nebraska, Cohn Legal, PLLC is a trademark 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.
Why Trademark Registration Matters for Lincoln Businesses
Lincoln which is on the coast, hosts a number of attractions. The amazing collection of Japanese glass fishing floats are a highlight of the North Lincoln County Historical Museum There are gardens, shops, and restaurants to explore, making it a great place to live, visit, and start a business. New business owners in Lincoln who want to be successful should make sure they register their trademarks sooner rather than later.
Imagine the following: Amanda is a long-time resident of Lincoln who has dreamed of opening her own high-end beauty salon for years. She has finally saved enough money and decides to move forward with opening up the Salon Extraordinaire. Amanda finds the perfect storefront in the Third Ward that she can convert to a salon. She spends weeks renovating the space, ordering supplies, and interviewing stylists.
She knows that trademark registration is an important part of the process, but she decides that she’s got too much on her plate already. She’ll have to consider trademark registration when things have calmed down.
Unfortunately, Amanda soon learns she’s made a big mistake by putting off trademark registration. Just 6 weeks after her grand opening, she receives a cease-and-desist letter from another salon in Lincoln with a very similar name. However, they trademarked their name 5 years ago so they are within their rights to ask Amanda to close up shop and not reopen until she rebrands her business.
Now, Amanda is spending more time and money rebranding than she would have if she’d worked with a trademark attorney to register her trademark right from the beginning.
If you’re opening a new business, then don’t put off trademark registration. Your brand is worth investing in right from the start.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
** 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.
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.