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  • Trademark Registration: What is an Office Action?

    You may know about the importance of registering your trademark but do you know about Office Actions? By: Shahrina Ankhi-Krol, Esq. Everyone has heard the word "trademark" and has some degree of understanding of what it is and its importance in brand identity. Less know about the importance of registering trademarks with the United States Patent and Trademark Office ("USPTO"). Even less know and appreciate the importance of never receiving an Office Action after submitting a trademark application to the USPTO. To sum it up, an Office Action is a not a "good" thing. The best way to minimize chances of receiving one is to hire a trademark attorney to handle your trademark application from the beginning. Let's dive in! What is an Office Action? An Office Action is essentially an "official letter" from the USPTO. In it, an Examiner from the USPTO lists legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the Office Action before the USPTO will register your trademark. There are different types of Office Actions. Not all Office Actions are final. Meaning, you will have the opportunity to ask the USPTO to reconsider your application for registration by submitting a response. The response must be carefully and tactfully drafted and address each ground of rejection and objection made by the Examiner. Often, case law analogies and citations are required for an effective argument to support your application to persuade the Examiner that your trademark should be grated registration. Is there a deadline? Yes! The Office Action specifies the time period in which you must respond. In most cases, the USPTO must receive a response within three (3) months of the specified date. It is very important that the response is submitted within that timeframe to avoid abandonment of the application. You'd be surprised at how fast three months could go so don't wait to address it "later." "If you do not respond by the response deadline, we will declare your application abandoned, the application process will end, and your trademark will fail to register." - USPTO Should I hire an attorney to handle my Office Action? Yes! Responses to Office Actions can be very complex and require legal knowledge beyond that of a layperson. In addition to adhering to strict deadlines, each and every ground of rejection must be addressed in a methodical, tactful manner to maximize your chances of success. In my nearly one and half decades of practice, I have seen horribly and hilariously drafted responses to Office Actions which were submitted by individuals who chose not to hire attorneys. The end result has always been a waste of time and often the final refusal of registration. Accordingly, while you "may" be able to submit a response to an Office Action, I do not recommend it. What to do if I receive an Office Action? Stay calm. You may still have a good chance at registering your trademark. Contact an attorney who has vast knowledge of Trademark Law. Let the attorney handle the Office Action for you. If you cannot hire an attorney, do your best to maximize your chances at registration by doing your research and addressing all grounds of rejection. Let's recap: Why is trademark registration important? A trademark can help you distinguish your products or services from those of your competitors, and it can also give you a legal weapon to fight against infringement. Although the process of applying for a trademark can be complex and time-consuming, it is worth the effort to safeguard your brand identity. Additionally, you can sell or license your trademark for additional revenue. Disclaimer: Not legal advice. Intended to be used for informational purposes only. You're welcome to schedule a consultation to obtain legal advice specific to your needs. If you found this article to be helpful, please share with your friends. About Ankhi-Krol Law Ankhi-Krol Law is a boutique law firm located in the heart of New York City. Founded in 2012, Ankhi-Krol Law has become a leading legal service provider that caters exclusively to the needs of start-ups, small businesses, and entrepreneurs all over the country. The firm's areas of practice are: Business, Contract, Trademark, and Copyright laws. Shahrina Ankhi-Krol, Esq. has been selected as a Rising Star Super Lawyer for eight (8) years. It is a recognition given to no more than 2.5% of attorneys in each State, each year. Need help with your small business? Website: https://www.ankhikrollaw.com/ E-mail: info@ankhikrollaw.com Follow on social media: https://www.instagram.com/ankhikrollaw https://www.facebook.com/AnkhiKrolLaw/

  • Five things to consider before starting a small business

    Article by Shahrina Ankhi-Krol, Esq., Owner of Ankhi-Krol Law Are you thinking about starting a small business? It can be an overwhelming and confusing time with seemingly too much or too little information for you to truly understand what you need. Ankhi-Krol Law has worked with hundreds of start-up and small business owners throughout the country to start, protect, and expand their businesses since opening its doors in 2012. Accordingly, we are very familiar with the questions and challenges most start-ups and small businesses face at various stages of growth. Below are five simplified topics that all potential business owners should consider before starting their business. Legal Structure - Before starting your business, you must decide on a legal structure for your business. Many considerations should factor into your decision, such as your current and future goals for your business, ease of maintaining and operating the business, potential income, and taxes. It is important to remember that not every structure is suitable for every business. The business structure you choose will have lasting legal and tax implications. There are several structures available for your business and each has its pros and cons. The most common types of business structures are: Sole Proprietorship, Partnership, C Corporation, S Corporation and Limited Liability Company (LLC). Registering your “DBA” - If you decide to operate your business as a Sole Proprietor or a Partnership, you may need to register your “Doing Business As” or “DBA” name with your county clerk’s office or with your state government.Also, for those of you with existing corporations or LLCs, if you want to do business under a name other than your existing corporation or LLC name, you may need to register a DBA. Licenses and Permits - In addition to registering your business with the proper governmental entities, you may also need to apply for and obtain licenses and/or permits. Every state has different requirements and you must comply with those of your state. There are federal, state, and trade licenses and permits. It is important that you comply with all the necessary requirements in order to run your business legally. Insurance - It's always a good idea to have some form of business insurance for your business for an added layer of protection and peace of mind. However, depending on the nature of some businesses, it may be more important than others to carry the proper type and amount of insurance. Figure out the risks associated with your business and obtain the requisite insurance. Protecting Your Business Identity - As a start-up or small business entity, the identity of your business is your business’s biggest asset. As such, it is highly advisable that you protect your business identity (name, logo, slogan, etc…) from its inception. By utilizing intellectual property law, such as trademark and copyright laws, your business identity will be protected and you will be able to focus on growing your business. Disclaimer: Not legal advice. Intended to be used for informational purposes only. You're welcome to schedule a consultation to obtain legal advice specific to your needs. If you found this article to be helpful, please share with your friends. About Ankhi-Krol Law Ankhi-Krol Law is a top-notch boutique law firm located in the heart of New York City. Founded in 2012, Ankhi-Krol Law has become a leading legal service provider that caters exclusively to the needs of start-ups, small businesses, and entrepreneurs all over the country. The firm's areas of practice are: Business, Contract, Trademark, and Copyright laws. Need help with your small business? Website: https://www.ankhikrollaw.com/ E-mail: info@ankhikrollaw.com Follow on social media: https://www.instagram.com/ankhikrollaw https://www.facebook.com/AnkhiKrolLaw/

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