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Phoenix, Arizona Businesses Use Cohn Legal for Trademark Services
* Cohn Legal, PLLC is not located in Phoenix and yet it can assist businesses from Arizona in registering a federal Trademark because trademarks are governed under federal law.
Cohn Legal, PLLC specializes in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Serving Phoenix, Arizona companies, our trademark attorneys absolutely love helping companies protect their brand names and logos. We pride ourselves on having the knowledge and expertise to deliver work of truly extraordinary quality.
Top 9 Questions Phoenix Businesses Have About Obtaining a Trademark
What does a trademark protect?
A trademark protects any piece of intellectual property that indicates a particular product or service is related to a specific brand. Common trademarks include words (like product or business names), logos, and slogans, but even sounds, smells, and colors can be protected through trademark registration.
When should I file my trademark application?
Ideally, trademark registration should be one of the first steps you take when you start your business. Before you settle on a business name, label your products, and create a website, develop marketing, order signage, etc. you’ll want to be sure that the mark you’ve chosen won’t infringe on another business.
Having said that, if you’re an established business and you haven’t registered your trademark yet, then it’s not too late. Contact a trademark attorney to learn how you can protect your intellectual property.
Why is a priority date so important?
The date you file your trademark application with the USPTO is also known as your priority date. This date is important because anyone submitting an application to register a similar mark to yours after you, then that application will not be approved by the USPTO. You will have priority over everyone else.
Does working with a trademark attorney increase my chances of getting my trademark approved?
Yes, working with a trademark attorney will increase the chances of your trademark getting approved. In fact, a recent study by the University of North Carolina found that applications submitted to the USPTO with the help of a trademark attorney were up to 50 percent more likely to be approved by the USPTO. This is because working with an attorney ensures that your application is submitted correctly and the process runs smoothly.
When will my registered trademark expire?
Actually, your trademark will never expire, as long as you continue to use it and meet renewal deadlines set by the USPTO. The first renewal is due about 5 years after the registration date and then about 10 years after the registration date. After that, you’ll need to renew your mark every 10 years to maintain your registration. A trademark attorney can help you stay on top of these important renewal dates and file paperwork on your behalf.
What are the USPTO’s “Rules of Professional Conduct”?
All attorneys who practice before the USPTO must abide by the Rules of Professional Conduct, which require that any attorney representing you:
• Has the knowledge and skill to competently represent you.
• Consults with you and keeps you informed 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 and handling proceedings before the TTAB.
Will the USPTO let me know of any potential infringement?
The USPTO does not have any responsibility to let you know of possible infringement of your trademark. As the owner of the trademark, it is solely your responsibility to monitor the market for infringement. Many attorneys, like Cohn Legal, do offer monitoring services, so you will always know if a third party is illegally using your trademark.
What should I register first: the name of my business or my brand logo?
Most trademark attorneys recommend that you register both your business name and logo using separate trademark applications at the same time. If you have to prioritize, trademark the name of your business first. Then, register the logo.
Some business owners try to save money by registering just the logo if it contains the name of their business. However, we don’t recommend this strategy because if you want to change the design of your logo, then you risk losing trademark protection for the name of your business. Consult with an experienced trademark attorney if you are unsure of how to go about trademarking your intellectual property.
What is a trademark Office Action?
If your trademark application is rejected, you’ll receive an Office Action from the USPTO listing the reasons that your trademark application was rejected. Or, they may request additional information from you. If you receive an Office Action, then do not ignore it. Contact a trademark attorney right away to advise you on next steps and help draft an appropriate response to the USPTO.
Additional Information on Trademark Registration for Phoenix Businesses
It really is an exciting time to be thinking about becoming a business owner in the Phoenix area. If you are starting a new business in Arizona, then you want to make sure that your brand and business name is protected. The best way to do this is to register your trademark with the Unites States Trademark and Patent Office.
Consider this scenario: Talia decides to follow her dream of opening a garden center in the Tempe area. Her focus is going to be on drought resistant plants and landscaping materials. She quickly chooses a name called Lush Landscapes and designs a logo, creates a website, and orders store signage. She knows that trademark registration is important, but she decides that she’s way too busy to go through that process now.
Lush Landscapes has immediate success and Talia is really building strong relationships within the community. Unfortunately, Talia soon learns some frustrating news. She receives a cease-and-desist letter in the mail. As it turns out, a landscape contractor in Chandler has been using the same business name for more than 20 years, and he owns the trademark. There is a very strong likelihood of confusion between the garden center and the landscape contractor. Therefore, the landscaper is well within his rights to ask Talia to close her garden center and not reopen until she’s rebranded her business. This is a costly and time-consuming proposition.
If you’re starting a new business, then don’t overlook trademark registration. 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 Phoenix 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.