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Sioux Falls, South Dakota Businesses Use Cohn Legal for Trademark Services
The trademark lawyers of Cohn Legal, PLLC are adept at providing entrepreneurs and business owners in Sioux Falls, South Dakota with exceptional legal guidance and support at cost-effective rates. They have the skills and experience to ensure your intellectual property rights are protected and enforced. If you’re just starting out or have been in business for years, Cohn Legal is ready to help you grow your brand.
Top 5 Questions Sioux Falls Businesses Have About Obtaining a Trademark
How do I register my trademark with the United States Patent and Trademark Office (USPTO)?
To register your trademark, you must first submit a trademark application through the USPTO’s online portal known as the Trademark Electronic Application System (TEAS).
Once received, an examining attorney at the USPTO will evaluate your application and search the USPTO database for any trademarks that might be too similar to yours. If there are any issues with your application that need to be resolved, you’ll receive an Office Action. You’ll have 60 days to respond to the Office Action.
If the examining attorney approves your trademark application, it will be published online in the Trademark Official Gazette for a 30-day “opposition” period. During that time, anyone who believes that your mark will harm them or their business can file an opposition.
If no one comes forward with an opposition after 30 days, then your trademark will move to the final stages of the approval process.
Can I trademark my logo?
You can absolutely trademark a logo. Remember, a trademark identifies the company that manufactures or sells a particular product or service. For example, if you see the iconic Nike logo on a pair of sneakers, then you know you are looking at a high-quality product made by Nike.
Am I required to complete a trademark search before filing my trademark application?
You don’t have to complete a trademark search, but it’s recommended that you do. Keep in mind that if your trademark looks too similar to an existing mark, then the USPTO will deny your application.
The best-case scenario after completing a trademark search is that you determine that your trademark is truly unique and you can submit your application with confidence. On the other hand, you may learn that your mark is too similar to an existing mark. If that’s the case, then you can update your mark or come up with something more unique before submitting your application.
If you need help with conducting a trademark search, then contact a trademark attorney.
Should apply for a trademark as an individual or as a business?
Choosing to file as an individual or as a business is up to you. Note that if you file as an individual, then your name and mailing address will appear in search results pages in connection with your trademark. So, if you want to keep that information private, it may be better to file as a business. Also, if you register your trademark as a business, then anyone who buys the business gets ownership of the trademark as well
It’s best to consult with a trademark attorney before making a final decision on whether you should file as a business or an individual.
How long does the trademark registration process take, from application submission to final approval?
There are many steps involved with the trademark application process so it’s tough to pinpoint exactly how long it will take for your application to be approved. It also depends on whether or not there were issues with your application, and if so, how quickly you resolve them.
As a rough estimate, it will probably take anywhere from 9 to 18 months to have your trademark finalized. You can make the process go as smoothly as possible by hiring a trademark attorney to help you. Studies have shown that working with a trademark attorney can help speed up the approval process.
Why Trademark Registration Matters for Sioux Falls Businesses
In Sioux Falls, South Dakota you can see the images of the nation’s greatest presidents at Mount Rushmore, follow the trails of explorers Lewis & Clark and see America as it once was in many of its museums and historic sites.
The spirit of exploration and adventure lives on today in the residents of Sioux Falls. Business owners in the area have a do-it-yourself attitude and a determination to succeed. Those are excellent qualities to have if you are setting up a new business venture. However, there are some things, such as trademark registration, that you should get some help with.
Imagine the following: Scott and Eric are two friends that are noticing a lot of people moving into and out of the neighborhoods of Sioux Falls. That gives them the idea to open up their own moving company. They name their two-person operation S&E Moving Company.
Scott knows that he can’t use the name if someone else is using it, so he does a quick search on Google and finds no exact matches for that business name in that area. Feeling excited, the two friends get to work.
They pool their money to buy a large moving van and have their logo painted on the side. They set up a website, purchase advertising in local papers, and print out thousands of postcards for a direct mail campaign.
A year later, the two friends are amazed at how good things are going. They’ve been booking jobs steadily. They also hired three crew members and are interviewing for a fourth. Unfortunately, the friends are about to get some bad news in the form of a cease-and-desist letter.
It turns out that there’s a large moving company in existence that operates multiple trucks in North Dakota, South Dakota, and Utah. The name of that company is very similar to Scott and Eric’s business name. However, the larger company trademarked their name 15 years ago. Now, they have the right to demand that Scott and Eric shut down their operations or face legal action.
The two friends are devastated but have no choice to comply. Never assume you can complete a thorough trademark search on Google alone. Internet search engines may bring you exact matches of your search terms, but may not reveal terms that are very similar to what you’re searching for.
The only way that you can truly be sure that you have a unique trademark is by working with a trademark attorney who can conduct robust clearance search on your behalf.
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 Sioux Falls and yet it can assist businesses from South Dakota in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Sioux Falls 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.