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Memphis, Tennessee Businesses Use Cohn Legal for Trademark Services
* Cohn Legal, PLLC is not located in Memphis and yet it can assist businesses from Tennessee in registering a federal Trademark because trademarks are governed under federal law.
Based in New York, Cohn Legal, PLLC is committed to helping companies throughout the Unites States and around the globe protect their brand names and logos. Extensive experience in handling complex IP law has equipped our attorneys with the requisite knowledge and expertise to deliver work of truly extraordinary quality.
Top 8 Questions Memphis Businesses Have About Obtaining a Trademark
What is the role of the USPTO?
The United States Patent and Trademark Office, or USPTO, is the federal office responsible for examining trademark applications and maintaining records of trademarks. The USPTO is not responsible for enforcing trademark rights. It is the trademark owner’s responsibility to enforce their trademark rights.
What are the USPTO’s “Rules of Professional Conduct”?
All attorneys who practice before the USPTO must abide by the Rules of Professional Conduct. These rules are in place to ensure that any attorney representing you:
• Has the knowledge and skill to competently represent you.
• Consults with you about the status of your trademark matter.
• Does not make false statements of fact or law to the USPTO.
Make sure that the attorney you hire has experience prosecuting trademark applications at the USPTO.
How long does the trademark application process take?
Once you submit your trademark application, you’ll hear back from the USPTO within 3 to 6 months. If your registration is found to be eligible for registration, it may take another several weeks before the trademark is registered. Assume that the entire process will take about 8 months if the trademark is approved.
If the trademark is found to be ineligible for registration, the process will take an additional number of months. It’s hard to say exactly how long since it depends on how complex it will be to resolve the issues which cause it to be rejected and how quickly you move to resolve them.
In any event, it’s critical to file the trademark application as soon as possible so as to obtain the earliest possible priority date.
What is a priority date?
The date you file your trademark application with the USPTO is your priority date. This date is very important because any other individual or business who submits an application for a mark that is similar to yours after your priority date will not be approved by the USPTO.
Do I need to work with an attorney to file my trademark application?
U.S. citizens aren’t required to work with an attorney, but it is strongly recommended. Submitting an application can be a fairly complex process that takes months to complete. Working with an attorney will ensure that the process runs as smoothly as possible. In fact, a study by the University of North Carolina found that trademark applications submitted to the USPTO by an attorney were 50% more likely to be approved.
If you are the citizen of a country outside of the United States, then the USPTO requires you hire a U.S.-licensed attorney to represent you.
What is an Office Action, and why did I receive one?
After submitting a trademark application, you may receive an Office Action from an examiner at the USPTO. Reasons for receiving an Office Action will vary, but it usually means that the examiner needs more information or needs a part of your application clarified.
An Office Action will also be issued to you if your application has been rejected. If you ever receive an Office Action, then ask a trademark attorney to help you draft a response. Failing to respond in a timely manner could cause your trademark application to be rejected.
What is a merely descriptive trademark?
You may not be able to register your trademark because it is considered to be “merely descriptive” by the USPTO. That means your mark simply describes a function, feature, purpose, or characteristic of the product being manufactured.
For example, you wouldn’t be able to brand your new ice cream as “cold and sweet” as those are two words that describe the characteristics of any ice cream. All ice cream manufacturers should have access to these common words to describe ice cream.
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. The fees for registering your trademark can be anywhere from $225 to $400 depending on what type of application you submit. Consult a trademark attorney who can help you decide which application you should submit.
Additional Information on Trademark Registration for Memphis Businesses
Memphis is a thriving city with a strong history of entrepreneurship. If you’ve decided to become a business-owner in Memphis, then you know how stressful it is. You have to choose the perfect location, hire employees, create a marketing plan, and stay on top of social media. It can seem like the to-do list will never end, but that’s no reason to overlook the essential step of trademark registration.
Consider this scenario: Stacey has been working as a chef in restaurants around Memphis for several years and has finally saved up enough money to start her own food truck. She hopes to serve tourists around Beale Street and the downtown area some authentic Memphis barbecue.
Excited to get started, Stacey comes up with the name Bluff City Barbecue, creates a logo, prints menus, paints the food truck, and starts a social media campaign so people will always know where she is throughout the day. A friend recommends trademark registration, but Stacey has already spent so much money. She figures she can wait.
Unfortunately, there’s a small barbecue sauce company about to launch called Bluff City Barbecue Sauce. They haven’t started selling their product yet, but they did register their trademark about a year ago. When the founders of the barbecue sauce company see the food truck around the area, they think that Stacey may be infringing on their mark, so they call their trademark attorney. A few weeks later, Stacey receives a cease-and-desist letter in the mail, requesting that she rename her businesses. Stacey can either stop operations and rebrand, or fight for the right to the name claiming that she has “common law” rights. Neither option is palatable to Stacey and both would result in lots of time and money wasted.
Don’t wait to register your trademark. 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 Memphis 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.