St. Louis, Missouri Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique trademark law firm that services clients in St. Louis, Missouri, throughout the United States and around the globe. Cohn Legal attorneys operate with the singular goal of acting as your legal consigliere, continuously giving you the best legal advice and strategies to protect your trademarks and intellectual property.
Top 8 Questions St. Louis Businesses Have About Obtaining a Trademark
What is a trademark?
Any piece of intellectual property that represents your brand in the marketplace can be a trademark. Common trademarks include business or product names, logos, and slogans. However, even sounds, smells, and colors can be protected through trademark registration.
What is the difference between a fanciful trademark and an arbitrary trademark?
Fanciful trademarks are terms or words that have been created for the sole purpose of acting as a trademark. They have no other meaning than to identify a brand. Exxon, Kleenex, and Pepsi are all examples of fanciful marks.
An arbitrary mark, on the other hand, is a generic term with a common meaning, but that meaning has no relation to the goods or services being sold. Apple as the brand of a technology company is an example of an arbitrary mark.
Can I protect my trademark by registering it before I start to use it?
If you want to protect a trademark before you start to use it in commerce, then submit an “intent to use” application to the USPTO. If the trademark is allowed, you will have 6 months to provide proof that you are using the mark in commerce. If you are not ready to use the trademark in that period of time, you can submit a request for a 6-month extension. The USPTO allows for up to 5 extensions.
How long does it take to register a trademark?
It generally takes 6 to 12 months to have a trademark approved. However, it can take longer if complexities come up. An experienced trademark attorney can help reduce the chance of roadblocks in the process by submitting a thorough and accurate application on your behalf.
How can a trademark attorney help me enforce and maintain my trademark rights?
A trademark attorney can help you monitor and protect your trademark from infringement by other parties. He or she can tell you specifically what to do if you discover other parties are using and infringing your trademark or if other trademark owners claim that you are infringing their trademarks. An attorney can also help ensure that all required registration maintenance documents are timely and accurately filed, so you can maintain your registration for as long as you use your trademark.
Does my attorney need to be licensed to practice law in the United States?
Yes. While US citizens are not required to be represented by a US trademark attorney, if the applicant chooses to be represented by an attorney, it must be a US attorney. Applicants from outside the US MUST be represented by US Attorneys licensed to practice in the US.
What is the Official Gazette?
The Official Gazette (OG) is a USPTO publication that’s released every Tuesday and includes information about the latest trademarks that have been approved. Once a trademark is published in the Official Gazette, any individual has 30 days to come forward and oppose the trademark. If no one opposes the trademark, then it is officially registered.
Do I need to sell a product or service to obtain a copyright?
Yes. You can’t just copyright a name, slogan, or design without having a business, product, or service to attach it to. To obtain trademark protection, you must have made a meaningful number of sales of under the banner of the trademark.
Why Trademark Registration Matters for St. Louis Businesses
St. Louis residents are known for being independent and ambitious. That’s a big reason why business is booming in St. Louis. Each year, new businesses pop up all over this historic city. That’s great news for the local economy, but these young entrepreneurs need to make sure that the trademark their brands as well.
Imagine the following: Daisy, a long-time St. Louis resident has just created what she thinks is the perfect sauce for hot wings. She’s excited to bottle it and sell it through her own website. Phase 2 of her plan is to have it stocked on the shelves of local grocery stores.
The name for Daisy’s product is Searing Hot St. Louis Sauce. She has heard of trademarks, but she decided that was not something she needed to concern herself with. After all, she was just a one-person operation with a single product.
Imagine Daisy’s surprise when after just 3 months of selling her product online she gets a cease-and-desist letter in the mail. Turns out, a larger company had already trademarked the name Searing Hot St. Louis Sauce as a flavor in their complete line of sauces.
Now she has to stop selling her product, update her website, and create new marketing materials, which will be a significant cost. If Daisy had consulted with a trademark attorney right from the start, then she wouldn’t be in this situation.
All businesses, big or small, need appropriate trademark protection.
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 St. Louis and yet it can assist businesses from Missouri in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for St. Louis 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.