Rochester, New York 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 in Rochester, New York. Our trademark attorneys absolutely love helping companies protect their brand names and logos. On the most fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates.
Top 7 Questions New York Businesses Have About Obtaining a Trademark
What is the United States Patent and Trademark Office?
The United States Patent and Trademark Office, also known as the USPTO, is the federal office responsible for accepting, reviewing, and making approval decisions on trademark applications. The USPTO keeps records of all existing and pending trademarks.
Note that the USPTO isn’t responsible for alerting trademark registrants if someone is infringing on their trademark. It’s the trademark owner’s responsibility to protect and enforce their trademark rights.
What is the difference between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are made-up words that have no meaning unless applied to an underlying product. Exxon® gasoline and Pepsi® soft drinks are examples of fanciful trademarks.
Unlike fanciful trademarks, arbitrary marks are real words that have definitions, but the true definition of the word has no association with the underlying products. Apple® computers and Comet® cleanser are both examples. Registering just the words “apple” or “comet” would not be acceptable, but when used in association with the underlying products, they become unique and strong trademarks.
I’ve already submitted my trademark application. Is it too late to hire an attorney?
It’s never too late to hire a trademark attorney. Even if you’ve already submitted your trademark application, an attorney can:
- Answer any questions or requests for more information from the USPTO.
- Monitor the marketplace to ensure that your trademark rights are not being infringed upon.
- Prosecute any instances of infringement in federal court.
- Submit trademark maintenance documents to the USPTO on your behalf.
- Devise a strategy to register other trademarks you may have.
Will working with a trademark attorney increase the chances of my trademark application getting approved?
A recent study published by the University of North Carolina found that applications for trademarks were 50% more likely to be approved if submitted with the help of an attorney. The reason your application is more likely to be approved is because your lawyer understands the trademark process. First, your lawyer will conduct a clearance search to ensure that no other marks similar to yours are in the USPTO database. A lawyer will also ensure that your application will be completed accurately, reducing the likelihood of you having to respond to Office Actions or answering inquiries from the USPTO.
What is the role of an examining attorney?
Examining attorneys are employees of the USPTO. When you submit a trademark application to the USPTO, it’s the examining attorney who will review the application and ultimately decide to move it forward or deny it. Remember, the examining attorney doesn’t give legal advice to trademark applicants. If you need legal advice, then you should contact a trademark attorney.
What is a priority date?
The date your trademark application is submitted to the USPTO is the priority date. If anyone submits an application to register a mark similar to yours after your priority date, then your application will be given preference.
Simply submitting an application provides you with a certain degree of protection. That’s why it’s advantageous to submit your trademark application sooner rather than later.
Can I file a trademark application to cover products I don’t plan on selling?
As a trademark applicant, you can only apply for trademarks on goods that you are actually selling or intend to sell in the near future.
Why Trademark Registration Matters for Rochester Businesses
Rochester, New York literally has something for everyone. Whether you enjoy nature, fine dining, festivals, shopping, wineries, or golf, Rochester has you covered. It’s no wonder that there are so many new businesses popping up in this exciting city.
Rochester business owners know how much work it takes to start a new venture. There’s product development, leasing space, marketing, signage, hiring staff, and more. The to-do list never seems to end. As a new business owner, it can be tempting to put trademark registration on hold while you take care of these other tasks. However, trademark registration should be the first item on your to-do list.
Imagine the following: Don is a retired carpenter and has been noticing an influx of new, young families buying old homes in the Rochester area. That gives him the idea to open up his own hardware store in the Washington Square neighborhood. He thinks that these new residents will appreciate having a local place to pick up supplies for their DIY projects.
Don finds a storefront to lease and gets to work. He calls his shop Hammer and Nail Hardware, and creates a business plan, orders signage for the store, interviews potential employees, and sets up a simple website. A friend of his asks if he’s going to trademark the name of his store, but Don says he’s way too busy. He may try to take care of that down the line.
Don opens his doors 3 months after signing the lease. His instincts are correct. Many of his customers are young families or couples who are fixing up their homes. Don enjoys meeting these new residents and giving them advice on their projects. He’s doing brisk business as well.
Unfortunately, Don’s good fortune is about to come to an end. One day, he receives a cease-and-desist letter in his mailbox. It turns out there’s a small hardware store chain that has a very similar name to Don’s shop. However, they own the trademark. That means they have every right to ask Don to close his doors and not reopen until he renames and rebrands his store.
Don now has to replace his marketing materials, signage, and everything else with the name of his store on it. Don’s not sure he can afford to do that. He may have to close permanently.
If Don had spoken to a trademark attorney before investing money into his store, this whole situation could have been avoided. All businesses need to protect their trademarks by submitting trademark applications as early in the process as possible.
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 Rochester and yet it can assist businesses from New York in registering a federal trademark because trademarks are governed under federal law.
Trademarks Services for Rochester 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.