Trademark Attorney Services
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for Oklahoma City OK
Oklahoma City, Oklahoma Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Serving Oklahoma City, Oklahoma organizations. our trademark attorneys absolutely love helping companies protect their brand names and logos. 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 Oklahoma City Businesses Have About Obtaining a Trademark
What is the USPTO?
USPTO stands for the United States Patent and Trademark Office. The USPTO is 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.
Can a trademark attorney help me enforce my trademark rights?
An attorney can advise you on the best way to monitor and enforce your trademark rights in several ways. A trademark attorney can:
• Provide counsel if you discover other parties are using and infringing on your trademark.
• Advise on how you should respond if others are claiming that you are infringing on their trademarks.
• Help ensure that all required trademark renewal documents are timely and accurately filed, so you are never at risk of losing your mark.
• Represent you in any legal proceedings.
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 brand manufacturers should have access to these common words.
What is a Trademark Office Action?
If your trademark application is rejected, then you’ll receive an Office Action, which lists the reasons that your trademark application was rejected. Your trademark could be rejected if it’s too similar to an existing trademark, you failed to provide an important piece of information on your application, or your specimen is not sufficient.
These are just a few examples of why you might receive an Office Action. Contact a trademark attorney as soon as possible if you receive an Office Action. Your attorney can advise you on what to do next and draft a response to the USPTO if needed.
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’s 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.
What is the fee to submit a trademark application through TEAS?
TEAS stands for the Trademark Electronic Application System. This online portal enables you to submit your trademark application to the United States Patent and Trademark Office and pay your application fees.
The USPTO offers three different types of applications to choose from when registering your trademarks. Each has its own fee:
1. The TEAS Plus Filing option is $225 per class of goods or services.
2. The TEAS Reduced Fee option is $275 per class of goods or services.
3. The TEAS Regular Filing option is $400 per class of goods or services.
What does “used in interstate 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 interstate commerce. However, selling 100 t-shirts to residents of four states other than your own would likely fulfill the interstate commerce requirement. The USPTO’s rules around what constitutes interstate commerce are vague, so it’s best to speak to a trademark attorney who can give you clear guidance.
Why Trademark Registration Matters for Oklahoma Businesses
Oklahoma City National Memorial recalls the 1995 bombing. It’s truly exciting to see so many new businesses appear throughout the city. The rich history of this city is what contributes significantly to the booming economy in the city.
These business owners have a determination and DIY work ethic that helps them become successful. However, they often take a DIY approach to trademark registration, which is a mistake. It’s much better to work with a trademark attorney who knows the ins and outs of trademark registration.
Imagine the following: Douglas has decided to open a tire shop in the downtown sector. He’ll do tire repairs and sell new tires for cars and trucks. He decides to name his new shop Maximum Performance Tire. Douglas knows that he can’t use that name if someone else has it so he conducts a quick Google search. He finds that no other shop in the state is using the name Maximum Performance Tire.
With that detail taken care of, Douglas gets to work. He signs a lease on a commercial space, orders signage, creates a marketing plan, orders inventory, and hires a few employees. Douglas is finally ready to open up his new shop.
Douglas is operating successfully for about 18 months. His hunch that Oklahoma City needed a good tire shop was correct. However, he receives a cease-and-desist letter in the mail. Confused, he takes the letter to a trademark attorney. The attorney explained to Douglas that there was a tire shop in New Jersey that had trademarked the name Maximum Performance Tire almost 10 years ago.
Now, Douglas must close his shop and rebrand before opening up again. This is a costly and time-consuming endeavor.
Don’t rely on Google searches to determine if the name you want for your business is taken. Proper trademark searches and registration require the assistance of a trademark attorney.
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 Oklahoma City and yet it can assist businesses from Oklahoma in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Oklahoma City 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.