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Orlando, Florida Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a startup and trademark legal firm and providing service to clients in Orlando, Florida, throughout the United States, Europe, and Israel. Cohn Legal attorneys operate with the singular goal of acting as your legal consigliere, continuously striving to provide you with the best legal advice and strategies to protect your trademarks and intellectual property.
Top 8 Questions Orlando Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a word, logo, slogan, design, or even a sound that is attached to a product or service. That trademark identifies to the consumer who is producing or selling the product or service. A trademark registered with the USPTO comes with valuable protections. If you find that a third party is using your mark or something similar in any state in the U.S., you’ll have the right to take legal action.
Why do I need to conduct a trademark search before filing my trademark application?
There’s no requirement or mandate from the USPTO that says you must conduct a trademark search before filing an application, but it’s certainly smart to do so. If the search reveals that there’s an existing trademark that’s similar to your desired mark, then it’s better that you find out before submitting your application. Speak with a trademark attorney about conducting a comprehensive clearance search for potentially conflicting marks that already exist or are pending.
What is a Common law Trademark?
While one obtains maximum protection by registering one’s trademark with the United States Patent and Trademark Office (USPTO), it is somewhat less known (and obvious) that one obtains trademark rights in a limited geographic area from the moment a trademark is used in connection with the sale of goods/services. So, if you own a pizza shop in Orlando called DYNO PIZZA, you automatically obtain “common law trademark rights” to that name in Orlando and no other pizza shop can call itself, DYNO.
Is my registered trademark protected around the world?
Registering your trademark with the USPTO means that your mark is protected in all 50 states and within U.S. territories, but nowhere else. If you wish to receive trademark protection in other countries, then consult with a trademark attorney who can assist you with that.
Will working with an attorney increase my chances getting my trademark application approved?
Hiring a trademark attorney will increase your chances of getting your trademark application approved. Prior to completing the application, your attorney will conduct a thorough search to ensure no marks similar to your desired mark exist. Your attorney can fill out the application on your behalf. Should your initial application get rejected, your attorney will know how to respond to the USPTO.
Bottom line: A trademark attorney is your advocate and will fight hard for your rights as a business owner to trademark your intellectual property.
Will the USPTO help me enforce my trademark rights?
The USPTO will register your trademark and keep a record of it, but they won’t help you enforce your trademark rights or give legal advice. It’s entirely your responsibility as the owner of the mark to scan the market for infringement and take legal action when necessary. Most trademark attorneys, including Cohn Legal, offer trademark monitoring services to alert you when possible infringement occurs.
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 Orlando Businesses
Orlando, Florida is an up-and-coming community that’s attracting new business owners. Many of these entrepreneurs focus on product development, marketing, and creating an online presence. One aspect of opening a new business that they often overlook is trademark registration, which can be a costly mistake down the line.
Imagine the following: Denise knows that there are a lot of dog owners in her neighborhood, and that gives her a business idea. She decides to open a pet grooming salon called Woof & Purr Groomers.
The first thing she does is lease space for her new shop and purchase the equipment she’ll need. Then, she orders an expensive new sign to hang out front, develops a website, and creates marketing materials to let everyone in the Orlando area know that she’s ready to do business.
Denise doesn’t consider working with a trademark attorney. She figures that trademark registration isn’t something that small businesses need to worry about.
Denise opens her salon and business is booming. After about 6 months she already has a steady stream of repeat customers. One day, however, Denise gets bad news in the mail. There’s a cease-and-desist letter from a large pet supply. It turns out that they have a line of pet shampoos coming out called Woof & Purr Shampoo.
Their product hasn’t hit store shelves yet, but they trademarked the name a year ago when they first started developing it. The pet supply company is demanding that Denise close her shop and cease operations until she rebrands her salon.
That means Denise has to take down her sign, redesign her website, and throw out all of the marketing materials she created. On top of that, she’ll risk losing the loyal customers that she cultivated over the past several months.
Every new business, no matter how small or large needs to conduct a thorough trademark search and registration as soon as possible. It’s the only way to ensure their brand will be protected.
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 Orlando and yet it can assist businesses from Florida in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Orlando 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.