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Winston-Salem, North Carolina Businesses Use Cohn Legal for Trademark Services
At Cohn Legal, PLLC our attorneys have the knowledge and expertise to deliver work of truly extraordinary quality to business owners in Winston-Salem, North Carolina. You can expect the attorneys of Cohn Legal Group to act as your legal consigliere, and provide you with the best possible legal advice about protecting your trademarks and intellectual property. Whether you need us from day one or you’re in the middle of existing negotiations, we’re here for you.
Top 7 Questions Winston-Salem Businesses Have About Obtaining a Trademark
What is the Trademark Electronic Application System?
The Trademark Electronic Application System (TEAS) is the online portal you would use to submit your trademark application and pay fees to the USPTO. TEAS is typically available 24/7, although online payments are not accepted between 2:00 a.m. and 6:00 a.m.
What is a trademark?
A trademark includes any word, name, phrase, logo, design, etc. that is used to distinguish the products made or sold by one entity from similar products being made or sold by another entity. For example, Levis® is a trademark. When you see that mark on a pair of jeans, you know who made them.
What are the benefits of registering my trademark?
Registering your trademark with the USPTO provides you with several advantages including:
- Public notice that you own the mark
- A legal presumption that you own the trademark and have exclusive rights to it
- The ability to file a lawsuit in federal court if someone infringes on your mark
- The ability to get your mark registered in foreign countries if desired
- The right to use the ® symbol with your mark
- A listing in the USPTO’s databases
How long does a trademark registration last?
Your trademark will last indefinitely as long as you continue to use the mark in commerce and file all post-registration maintenance documents on time.
About 5 years after your trademark is registered, you must file a document titled
“Declaration of Use under Section 8” with the USPTO to show that you are still using the mark in commerce.
About 10 years after your trademark is registered, you must file a document titled “Declaration of Use and Application for Renewal under Sections 8 and 9” with the USPTO. You must continue to file this document every 10 years thereafter.
Neglecting to submit these documents will result in your trademark being canceled. You may consider hiring a trademark attorney who can stay on top of these deadlines and submit the appropriate documents on your behalf.
Will the USPTO conduct a trademark search for me?
The USPTO will conduct a trademark search, but not for your benefit. After you submit your trademark application, an examining attorney at the USPTO will search their databases to see if there is an existing trademark that’s similar to your desired mark. If they find a mark that’s confusingly similar to your desired mark, then they will reject your application and the application fee will not be refunded.
It’s always best to conduct your own trademark search prior to submitting your trademark application so you can be absolutely sure that it’s available.
Am I required to hire a trademark attorney?
If you’re an applicant living outside of the United States or its territories, then you are required to hire a U.S.-licensed attorney to represent you before the USPTO.
If you’re an applicant living in the United States or its territories, then you don’t need a trademark attorney. You can represent yourself in front of the USPTO. However, the USPTO strongly encourages that all trademark applicants consult with a trademark attorney who can help ensure the trademark registration process goes as smoothly as possible.
What is a specimen?
The USPTO will ask for a specimen as part of the trademark application. A specimen is a sample of how you actually use the mark in commerce on your goods. It could be a product label, a website screenshot, a flyer, a brochure, or packaging. Ask a trademark attorney for advice if you are unsure of what to submit as a sample.
Why Trademark Registration Matters for Winston-Salem Businesses
Named one of the “South’s Cities on the Rise, 2021” Winston-Salem, North Carolina is quickly becoming a hot tourist destination. People come from all over to experience the dining, the arts scene, and the charm of this classic American city.
Small business owners in Winston-Salem understand how much work goes into a new venture. There’s product development, marketing plans, hiring employees, and so much more. What many of them tend to overlook, however, is trademark registration, which can turn out to be a big mistake.
Imagine the following: Mark has worked at craft breweries for the past 10 years and is ready to start his own brewery. He finds the perfect location in the Industry Hill neighborhood of Winston-Salem and signs the lease. Mark names his new venture the North Carolina Brewing Company. A good friend of his asks him if he’s going to trademark the name. Mark considers it, but doesn’t want to invest the time and money into that right now.
Mark spend the next 6 months getting his business into shape. He designs a logo, orders signage for the brewery, hires staff, creates a website, and develops a marketing campaign.
Finally, Mark is ready to open his doors for business and things are going great at first. Tourists and residents alike love his beer. Unfortunately, Mark gets some upsetting news just 3 months after his grand opening in the form of a cease-and-desist letter.
There is another brewery in the city of Charlotte with a similar name. In fact, some of their customers think that their brewery and Mark’s brewery are connected. The Charlotte brewery does not like this confusion.
Since they trademarked their name 5 years ago, they are well within their rights to ask Mark to shut down his brewery and not reopen until he’s rebranded. That will require thousands of dollars and Mark is unsure he can afford it. Mark decides it’s time to contact a trademark attorney for advice on what he should do next.
If Mark had taken his friend’s advice right from the start and registered his trademark before he started investing time and money into his brewery, he wouldn’t be in this position.
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 Winston-Salem and yet it can assist businesses from North Carolina in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Winston-Salem 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.