Salt Lake City, Utah Businesses Use Cohn Legal for Trademark Services
Serving Salt Lake City, Utah companies, Cohn Legal is a legal firm specializing in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners. Our trademark attorneys absolutely love helping companies develop strategies to protect their brands, logos, and other pieces of intellectual property. 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 Salt Lake City Businesses Have About Obtaining a Trademark
How can I find out if someone else is using a trademark I am interested in registering?
If you want to find out if someone else has already registered the trademark you want, then you should hire a trademark attorney to conduct a clearance search. There are actually 2 types of clearance searches.
1. A preliminary knock-out search: This is a check of the Federal Trademark records. If the trademark you want is already registered by someone else, your attorney will find it there. You will need to choose a new trademark.
2. A full search: The intent of a full search is to determine if use of your desired trademark might infringe on the rights of others. A full search will include a knock-out search as described above, but will also involve looking at state trademark registrations, common law sources, and Internet sources. If your trademark would infringe on another person’s trademark rights, then you’ll need to stop using it or risk having legal action taken against you.
Will the USPTO alert me if someone is infringing on my trademark?
The United States Patent and Trademark Office, or USPTO, examines applications and makes determinations of approval for both trademarks and patents. They don’t, however, monitor your trademark or alert you to potential infringement. Trademark monitoring is the responsibility of the trademark owner. Fortunately, many trademark attorneys, including those at Cohn Legal provide trademark monitoring services. If infringement is suspected, your attorney will then determine the best course of legal action to take.
What is a priority date?
Your priority date is the date you submit your application to the USPTO. This date is very important because anyone that files an application to register a similar trademark after your priority date will not be approved. This is another reason to start the trademark registration process as early as possible. Simply submitting the application locks in some limited protections, even while your application is pending.
If I registered my business name, is my brand also protected?
It’s true that registering your business name is certainly a part of protecting your brand, it likely isn’t enough. It’s important to register anything that represents your brand, which includes your business name, but also your product name, logo, slogan, signature color, or even sound. If you are unsure about which aspects of your business could benefit from trademark registration, contact Cohn Legal.
What are the benefits of hiring a trademark attorney?
There are several benefits to hiring a trademark attorney. For example, a trademark attorney can:
• Determine if your desired trademark can be legally protected.
• Submit a complete and accurate trademark application to the USPTO.
• Select an appropriate specimen to include with your application.
• Respond to questions you may receive from the USPTO.
• Fight challenges brought by others against your trademark.
• File trademark renewal documents on your behalf.
• Monitor the market for possible infringement of your trademark.
I did Google search for my desired trademark. Is that sufficient?
Simply conducting a Google search to determine 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.
How long does the trademark application process take?
Once you submit your trademark application, you’ll hear back from the USPTO within 3 to 6 months. If your registration is found to be eligible for registration, it may take another several weeks before the trademark is registered. Assume that the entire process will take about 8 months if the trademark is approved.
If the trademark is found to be ineligible for registration, the process will be a bit longer depending on how quickly you can resolve the issues which caused it to be rejected.
Why Trademark Registration Matters for Salt Lake City Businesses
Salt Lake City, Utah with its hot, sunny climate is a hugely popular tourist destination. Millions flock to the area each year, which means opening a new business in Salt Lake City can be a smart move. However, like many new business owners, those in the Salt Lake City area tend to overlook the trademark registration process.
Imagine the following: Daryl is a tattoo artist living in Salt Lake City. He’s noticed how popular tattoos have become in recent years and he’s decided to follow his dream of opening up his own tattoo shop. He already has the name picked out: Utah Ink.
He’s heard of trademark registration but assumes it’s just going to interfere with him opening up his business as soon as possible so he decides to pursue that later.
Daryl finds a small storefront in an area with plenty of foot traffic and signs the lease. He renovates the space and orders expensive signage to hang over the door. Then he pays for a slick website, marketing materials, and ad space in local newspapers.
Daryl sees a steady flow of clients coming into his shop over the next few months. He’s ready to hire additional employees to handle the demand when he receives some disappointing news.
A company in Jacksonville that makes and sells tattoo ink is also called Utah Ink. They’ve been around for 10 years and trademarked their name with the USPTO.
They don’t want their customers to think that they have anything to do with Daryl’s shop. They send a cease-and-desist letter to demand that Daryl close his shop and rebrand before opening his doors again. This will cost Daryl a lot of time and money.
All business owners should work with a trademark attorney to get their brand protected. With a registered trademark, they know they can invest in their business and their brand with confidence.
At Cohn Legal, we can assist startups and entrepreneurs in conducting a trademark search and securing trademark rights. 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 Salt Lake City and yet it can assist businesses from Utah in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Salt Lake City 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.