Tacoma, Washington Businesses Use Cohn Legal for Trademark Services
Cohn Legal Group is a boutique law firm committed to delivering unparalleled legal counsel and expertise for their clients. We specialize in intellectual property protection and corporate law for startups, entrepreneurs, and small business owners in Tacoma, Washington. Whether you’re in the middle of a complex deal, or you’re just getting your business off the ground, we’re here for you.
Top 8 Questions Tacoma Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a word, logo, phrase, design, or even a sound that helps consumers identify your products and services amongst your competitors.
How long does trademark registration last?
Trademark registrations can actually last forever. You just need to continue to file maintenance documents with the United States Patent and Trademark Office (USPTO) at periodic intervals. For example, the first maintenance document is due 5 years after your mark is first registered and your second document is due 5 years after that. From then on, you just need to file maintenance documents every 10 years.
Not meeting the deadlines for these documents can result in your trademark being canceled. You may hire a trademark attorney to keep track of these deadlines and file maintenance documents on your behalf.
What is TEAS?
TEAS, or the Trademark Electronic Application System, is the online portal you would use to submit your trademark application to the USPTO. It’s available 24/7 for your convenience. You may also submit associated fees through TEAS.
Why should I conduct a trademark search before filing an application?
One of the most common reasons that the USPTO rejects trademark applications is because the applied-for mark is too similar to the one that’s already registered.
So, before you apply for a trademark, you should hire a trademark attorney to conduct a comprehensive search on your behalf. Your attorney will make you aware of any potential conflicts before you file your application. This can help you avoid additional costs and frustrations down the line.
Am I required to hire a trademark attorney?
If you are a foreign-domiciled person or entity, then you must hire a U.S.-licensed attorney to represent you before the USPTO.
If you are a person or entity domiciled in the United States, then you are not required to hire an attorney. However, the USPTO strongly encourages everyone to enlist the aid of an attorney when starting the trademark application process.
What is the purpose of an Office Action?
After you submit your application to the USPTO, it will be reviewed by an examining attorney. If the examining attorney finds reasons why your mark cannot be registered, you’ll receive an Office Action. The Office Action is a letter that explains the reasons why your application has been rejected.
Once you receive the Office Action, you’ll have 6 months to respond to the USPTO. It’s best to consult with a trademark attorney who can help you draft an appropriate response to the USPTO. If a response is not received by the deadline provided, then the USPTO will assume that you’ve abandoned the application.
Will the USPTO let me know if someone is infringing on my trademark rights?
No, the USPTO does not “police” trademarks or enforce trademark rights. It’s up to the owner of the trademark to monitor the marketplace and bring a lawsuit against anyone who is infringing on their rights. Most trademark attorneys, including Cohn Legal Group, offer trademark monitoring services and will alert you if they see anyone infringing on your trademark.
Will my trademark application fee be returned to me if my application is rejected?
No, the USPTO does not refund application fees. The fees you pay are associated with the processing of the application and must be paid regardless of the outcome of your application.
Why Trademark Registration Matters for Tacoma Businesses
Situated along the banks of Puget Sound, Tacoma, Washington is bustling with vibrant arts and culture scenes and has plenty of activities for outdoor adventurers. The friendly city is the perfect blend of old and new, which is why it’s ideal for small business owners.
Entrepreneurs are smart to start their new ventures in downtown Tacoma. They just need to remember to register their trademarks early in the process. Otherwise, there could be complications down the line.
Imagine the following: Aaron loves classic cars and knows everything about restoring them because he worked alongside his father for many years. Now, Aaron wants to start his own car restoration shop. He finds the perfect location near the Hillsdale neighborhood and signs a lease. Aaron names his shop Northwest Classic Car Care.
Aaron knows that he should pursue trademark registration, but he’s not sure he can spend time on that right now. He’s renovating the shop, ordering marketing materials, setting up his website, and interviewing mechanics. He’s even ordered a slick new sign to be mounted above the shop’s front entrance.
After 8 months of work, Aaron’s shop finally opens, and his reputation for being an expert car restorer quickly spreads. In addition, people around the country are buying parts he has for sale on his website.
Unfortunately, Aaron’s streak of good fortune is going to come to a screeching halt. One day, he receives a cease-and-desist letter in the mail. There’s a car restoration shop in Oregon that has a name that’s very similar to the name of Aaron’s business. It turns out that some customers were calling the Oregon shop thinking it was Aaron’s shop. The Oregon shop owners weren’t happy about this confusion.
Since the Oregon garage owners registered their trademark with the USPTO, they have every right to ask Aaron to shut down his operations and not resume his business until he rebrands. They even threaten legal action if he doesn’t comply. This is a devastating blow for Aaron and he’s unsure of how to handle the situation. He decides to reach out to a licensed trademark attorney to get advice.
Trademark registration is crucial for any new business, no matter how big or small it is. Even if you’re just a one-person operation, or you think you’re too busy, you need to start the trademark registration process sooner rather than later. There’s just no excuse to not do it.
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 Tacoma and yet it can assist businesses from Washington in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Tacoma 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.