Lubbock, Texas Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a law firm that focuses on providing startups in Lubbock, Texas, and all 50 states with outstanding legal counsel and guidance on trademark and intellectual property rights and protections. Our experienced trademark attorneys absolutely love helping entrepreneurs build and protect their brands. Whether it’s trademark prosecutions, transactional work, or any other intellectual property law matters, we’re here for you.
Top 5 Questions Lubbock Businesses Have About Obtaining a Trademark
How do I register a trademark?
In order to register a trademark, you need to submit a trademark application through the Trademark Electronic Application System, or TEAS.
After the application is submitted, the examining attorney at the USPTO will evaluate the distinctiveness of your desired mark. If your mark isn’t distinctive enough, then it won’t be eligible for trademark protection.
Then, the attorney will search the USPTO database to see if there are any other marks that are similar to your desired mark already in existence. If a similar mark is found, then your application will be denied.
Assuming that your mark is distinct and unique, the attorney will approve the application. Next, the trademark will get published in the USPTO’s Official Gazette for a 30-day opposition period. During that 30 days, any party that can come forward with a legitimate complaint about your mark may file an “opposition” complaint.
If no oppositions are filed, then your trademark will move to the final stages of the trademark registration process.
Why should I register my trademark?
Registering your trademark has many benefits:
- The trademark gets listed in the USPTO’s database of registered and pending trademarks. If anyone searches for a mark that’s similar to yours, they’ll find your mark and know that they’ll have to create a more unique mark before trying to file an application.
- You’ll have the right to bring a lawsuit concerning your trademark to federal court. That means, if you believe someone is infringing on your mark anywhere in the 50 U.S. states, you can sue them without having to leave your home state.
- You are the presumed owner of the trademark. Your trademark registration alone is sufficient proof in federal court that you own the trademark. There’s no need to gather a large volume of evidence.
- You can use your trademark registration as the basis for registering your trademark in countries outside of the United States.
- You have the right to use the trademark registration symbol, ®, with your trademark. This shows that your mark is registered with the USPTO and serves as a deterrent to anyone who may attempt to infringe on your mark.
What is required for me to maintain my federal registration?
After your trademark is registered, you must do a few things to maintain its registered status:
- Keep using your trademark in interstate commerce.
- File the appropriate maintenance documents by the deadlines given and pay the associated fees.
- Make sure the USPTO has your current contact information on file. This is so you will always receive important updates and notices from them.
If you fail to follow through on any of the above, then you run the risk of having your registration canceled. Many business owners choose to hire trademark attorneys who can stay on top of the various requirements and deadlines for maintaining your trademark.
Do I need to hire a trademark attorney?
If you are a trademark applicant or owner of a trademark who lives outside of the United States, then you must hire a U.S.-licensed attorney to represent you in all matters before the USPTO.
If you are a trademark applicant or owner of a trademark who lives within the United States or its territories, then there’s no requirement for you to have an attorney. You may represent yourself before the USPTO if you choose.
What are the benefits of hiring a trademark attorney?
There are many benefits to hiring an attorney even if you aren’t required to. Your attorney will:
- Conduct a robust clearance search before filing your application to ensure no similar marks exist.
- Help you prepare and submit your application accurately.
- Respond to inquiries, requests, and correspondence from the USPTO on your behalf.
- Ensure your trademark maintenance documents are filed by the required deadlines.
- Protect your mark against infringement.
- Represent you in federal court and before the USPTO’s Trademark Trial and Appeal Board.
- Give you sound legal advice and guidance about your trademarks and intellectual property.
Why Trademark Registration Matters for Lubbock Businesses
Lubbock, Texas is a friendly and hospitable town that has something for everyone—a burgeoning wine industry, exciting rodeos, competitive college football, craft coffee roasters, and much more. It’s easy to see why entrepreneurs set their sights on Lubbock when looking to start new businesses.
Small business owners in Lubbock have a solid work ethic and are natural “do-it-yourselfers.” However, the one thing they shouldn’t handle themselves is trademark registration.
Imagine the following: Juan and Benny are friends with a dream of opening their own tile installation business. They’ve worked for tiling contractors for years, saved their money, and are now ready to strike out on their own.
They choose the name Texas Tile Professionals for their business. A quick Google search for that name in the Lubbock area doesn’t pop up, so they assume they’re free to use the name for themselves.
The friends get to work creating a logo, developing a website, and ordering postcards to mail to all local residents. They even purchase a new van and have their logo painted on the side.
Juan and Benny start getting a lot of business thanks to their postcard mailing campaign. In fact, just 6 months after opening their business, they’re thinking that they might need to hire some help.
However, their good fortune is about to come to an end. One day, a cease-and-desist letter arrives. It turns out that one of their postcards reached the home of another entrepreneur planning to start a tile installation business with a very similar name. However, he submitted a trademark application with the USPTO that was pending approval. A Google search would have never found that.
Only a proper clearance search would have revealed to Juan and Benny that their desired trademark was unavailable to them. Now, they must shut down their business and rebrand before reopening. It will be a costly and time-consuming process.
Don’t rely on Internet searches to let you know if your desired trademark is available to you. Make sure that you work with a trademark attorney who can conduct a comprehensive trademark search early on.
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 Lubbock and yet it can assist businesses from Texas in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Lubbock 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.