Trademark Attorney Services
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Richmond, Virginia Businesses Use Cohn Legal for Trademark Services
Serving Richmond, Virginia companies Cohn Legal, PLLC is a boutique law firm that focuses on providing excellence in intellectual property protection. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates. You’ll find that our trademark attorneys have the requisite knowledge and expertise to deliver work of truly extraordinary quality.
Top 9 Questions Richmond Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is, in the simplest terms, a source identifier. It may be a word, logo, slogan, sound, and/or design that when attached to a good or service, enables a consumer to identify the company which produces the good or service.
Should I wait until I begin my business operations to file my trademark application?
There’s no need to wait until you begin business operations to file your trademark application. In fact, you should file a trademark application well before you begin business operations. You want to ensure that you have the rights to your trademark before you start creating a website, marketing materials, store signage, or anything else.
Can I still apply for a U.S. trademark if I am not a U.S. citizen?
As long as you are represented by a U.S.-licensed attorney, then you can apply for a U.S. trademark no matter where you live. ¬¬¬¬You may file as a foreign individual or as a foreign business entity.
Will the USPTO let me know if a third party is infringing on my registered trademark?
The United States Patent and Trademark Office (USPTO) is the federal office that reviews trademark applications for eligibility and maintains records of existing and pending trademarks. Contrary to popular belief, they do not enforce trademark rights.
It is 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 and will alert you when possible infringement occurs and provide advice on how to handle it.
Will my mark remain unprotected during the trademark application process?
Your trademark will not be fully protected until it has been cleared for registration by the USPTO. However, your application will have priority over any other trademark application that is filed after yours. That means, if someone tries to register a mark that is confusingly similar to yours after you’ve already submitted your application, then the USPTO will reject the other party’s application.
What can a trademark attorney do for me?
An attorney who is licensed to practice trademark law in the U.S. can help you:
• Determine if your chosen trademark can be legally protected.
• Determine the appropriate filing basis for your trademark application
• File a trademark application with the USPTO that is complete and accurate.
• Select an appropriate specimen that shows how your trademark will be used in commerce
• Respond to questions you may receive from an examining attorney.
• Understand the scope of your trademark rights and the best ways to enforce them.
• Fight challenges brought by others against your trademark.
I did an internet search for my desired trademark. Is that sufficient?
Simply conducting a trademark search to find if your desired trademark is available for use is not sufficient. Most internet searches will identify exact trademark matches, such as identical business names or identical product names. Most trademark issues, however, come from a trademark that may be similar to another but isn’t an exact match. The trademark attorneys at Cohn Legal can provide you with a much more comprehensive search that will increase the chances that your desired mark gets improved.
My competitor didn’t trademark their logo. Can I register it for myself?
You can certainly try to trademark it for yourself, but it’s not guaranteed that you will get it. Keep in mind that even though the mark has not been federally registered yet, it may be protected under “common law” rules, which gives businesses certain rights to a mark if they’ve been using it commercially but have yet to register it with the USPTO. Speak to a trademark attorney about the advantages and disadvantages of trying to register a competitor’s mark.
Can generic terms receive trademark protection?
Generic terms can never receive trademark protection. For example, you can’t register the word “shoes” as the brand name of your shoe company. If you were allowed to do that, it would prevent all other shoe manufacturers from using the word shoes, which is unfair and unreasonable.
Why Trademark Registration Matters for Richmond Businesses
Richmond is an ideal city to start a new business venture. Young entrepreneurs who are pursuing their dreams of business ownership should seek the advice of a trademark attorney right away.
A trademark attorney has the expertise to research and registers your trademark before you do anything else. That way, you’ll know that you can invest in your brand with confidence.
Imagine the following: Sinead recently fulfilled her dream of opening up a coffee shop in Richmond. She’s excited to bring her love of coffee and keen business sense together in this new business venture. She named her café “The Richmond Drip” and got to work designing the space, creating signage, and ordering mugs and plates with the logo printed right on them.
Sinead didn’t, however, seek the advice of a trademark attorney to help protect the name of her new store. What Sinead didn’t realize was that there was a Michigan coffee bean roaster that sold a signature roast called the Richmond Drip. The roaster owner registered the trademark with the USPTO almost 5 years earlier.
The owner of the coffee bean roaster was well within his rights to send a cease-and-desist letter to Sinead and file a lawsuit in order to protect his trademark rights. Sinead will be required to change the name of her café, destroy her mugs and plates, and start all over.
This would be devastating to any new business. If Sinead had consulted with a trademark attorney right from the start, she would have known the risks of using the name Richmond Drip. Her attorney could have devised a strategy to help her get the trademark she wanted or choose something else.
With a registered trademark, any company, big or small, can ensure that the money spent on promoting the brand is not wasted. 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 Richmond and yet it can assist businesses from Virginia in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Richmond Businesses
Submit Your Trademark
Now in 4 Easy Steps
TRADEMARK INFORMATION
Complete the Trademark Registration Form.
PRELIMINARY SEARCH
Our IP Attorneys will run a search of your trademark in the USPTO.
TM APPLICATION
We draft your TM Application and send it to you for your Review.
USPTO
We File the Application with the USPTO.