Trademark Attorney Services
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for Omaha NE
Omaha, Nebraska Businesses Use Cohn Legal for Trademark Services
Serving Omaha, Nebraska companies, Cohn Legal, PLLC is a boutique law firm that focuses on trademarks and intellectual property protection for startups and entrepreneurs. Our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates. The trademark attorneys at Cohn Legal relish the opportunity to help their clients build something from the ground up.
Top 7 Questions Omaha Businesses Have About Obtaining a Trademark
How will registering my trademark protect my business?
Registering your trademark is an essential step in protecting your business and your brand. Once you have a registered trademark, your trademark is protected from infringement in all 50 states. That means, if there’s a competitor or a third party using your trademark or something similar without your permission, you can take legal action.
How do I register a federal trademark?
If you want a registered trademark, you need to first submit a trademark application to the United States Patent and Trademark Office, or USPTO. An examining attorney at the USPTO will review your application to ensure all is in good order and conduct a search to identify any existing or pending trademarks that may similar to your desired mark. If your application is rejected or the examining attorney needs additional information from you, then you will receive a notification called an Office Action.
If your application gets approved for publication, then your trademark is printed in the USPTO’s Official Gazette for 30 days. During that time, any third party can submit an “opposition” to the application if they feel that your trademark infringes upon theirs. Assuming no oppositions come forward, your trademark will be approved for final registration.
This entire process can take 8 to 10 months, on average. However, it can take longer depending on how many issues raised by the USPTO need to be resolved.
What is a fanciful trademark?
Trademarks that are made up or invented are referred to as fanciful marks. Fanciful marks only have meaning when it is applied to a specific product. An example of a fanciful trademark would be Adidas. The word only refers to a brand of athletic apparel and has no meaning outside of its use as a brand name.
Am I required to hire a U.S.-licensed attorney to represent me at the USPTO?
U.S. citizens are not required to hire an attorney. Of course, hiring an experienced trademark lawyer is beneficial as USPTO proceedings can be complex and have strict deadlines. By hiring a US Attorney, you also meaningfully reduce the chances of being hit with an Office Action.
Foreign-domiciled trademark applicants or registrants must be represented at the USPTO by a trademark attorney – this is non-negotiable and if the foreign applicant is not represented by a US Attorney, his/her application will be rejected.
How can a trademark attorney help me enforce my trademark rights?
Trademark attorneys can help you enforce your trademark rights in a number of ways. First of all, a trademark attorney can help make sure that you have all necessary trademarks in place. Then, a trademark attorney can provide counsel and represent you in court if you discover other parties are infringing on your trademark. An attorney can also help ensure that you are never at risk of losing your mark by competing all renewal documents accurately and on time.
My competitor didn’t trademark their logo. Can I register it for myself?
Speak to a trademark attorney about the advantages and disadvantages of trying to register a competitor’s mark. Keep in mind that even though a competitor’s mark may not have been federally registered, it may be protected under “common law” rules, which gives businesses certain rights to a mark if they’ve been using it commercially despite not registering it with the USPTO.
Can I file a trademark application if I haven’t opened my business yet?
You can file a trademark application even if you’re not yet doing business. In fact, it’s the smart thing to do. You want to make sure you have rights to your mark before you start investing money in marketing materials, store signage, advertising, product labels, etc.
Your first step is to contact a trademark attorney who can help you submit an Intent-To-Use (ITU) trademark application to the USPTO. If the ITU application gets accepted, you’ll receive a Notice of Allowance (NOA), which gives you 6 months to submit your Statement of Use. A Statement of Use is proof that you are using your trademark in commerce.
Why Trademark Registration Matters for Omaha Businesses
Omaha is a classic American city with a rich history that dates back to colonial times. Each year tourists from around the country flock to the area to take in picturesque views of the Missouri River and visit the city’s museums, historical sites, and The Henry Doorly Zoo and Aquarium.
With so much tourist activity and a steady year-round population, there’s never been a better time to open a new business in Omaha. Every new business owner in the state capitol knows that they need to lease commercial space, develop marketing materials, purchase equipment, and do about a thousand other tasks to get their new venture up and running. However, they often fail to register their trademarks, which could turn out to be a costly mistake.
Imagine the following: Jasmine has always loved her hometown of Omaha. She knows its history and all of the best places to visit. She decides to turn her love of the city into a business.
Jasmine opens up a new business called Omaha Bike Rentals and Tours. She rents a storefront, purchases about 25 bikes, develop a website, and prints marketing materials. Her plan is to rent bikes to tourists on an hourly basis. She’ll also conduct guided bike tours of the city on the weekends.
Jasmine’s parents are excited about her new venture and ask if she’s trademarked her business name. Jasmine has heard of trademarks but doesn’t think it’s necessary for her to take that step just yet.
Jasmine finally opens her doors and has a successful start. After just 6 weeks, she’s giving 8 tours every weekend and is seriously considering hiring some help. Then, she receives a letter in the mail. It turns out that there’s a bike shop on the other side of town with a very similar name. Their regular customers were getting confused. They thought that Jasmine’s shop might have been a second location.
The other bike shop had trademarked the name of their shop more than 5 years ago, so they had the right to ask Jasmine to stop doing business and not reopen until she’s rebranded. Jasmine is devastated. The rebranding will take a considerable amount of time and money. She’s not sure she’ll be able to recover from this setback.
Don’t wait to register your trademark. Whether you’re just starting to write your business plan or you’ve been selling your products and services for a while, the time to register your trademark is now.
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 Omaha and yet it can assist businesses from Nebraska in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Omaha 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.