Flagstaff, Arizona Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm that’s focused on intellectual property protection and corporate law for startups, entrepreneurs, and small business owners in Flagstaff, Arizona. Our trademark attorneys absolutely love helping companies protect their brand names and logos. On a more fundamental level, our goal is to provide our clients with exceptional legal guidance and support at cost-effective rates.
Top 5 Questions Flagstaff Businesses Have About Obtaining a Trademark
What is an acceptable specimen?
A specimen is a real-world sample of how your mark appears with your products or your services in commerce. A specimen is required as part of the trademark application submitted to the USPTO.
Acceptable specimens for products may include labels, instruction manuals, product packaging, or tags. Acceptable specimens for services may include websites, brochures, flyers, and printed or digital advertisements.
Note that stationary, business cards, and catalogs are not considered to be acceptable specimens by the USPTO. If you need guidance in selecting an appropriate specimen, then reach out to a trademark attorney.
Will the examining attorney at the USPTO search for existing trademarks that may conflict with mine?
Yes, once you submit your trademark application, the examining attorney will search through the USPTO’s records of existing and pending trademarks to identify any pending or existing marks that are confusingly similar to yours or would otherwise cause a conflict.
Keep in mind that this search is only conducted after you submit your application and pay the required fees. The USPTO will not conduct a preliminary search on your behalf. You would need to hire an attorney prior to submitting your trademark application to conduct a clearance search.
How long does the trademark registration process take?
There are many variables that influence how long the trademark registration process takes, so it’s hard to pinpoint an exact timeframe.
In general, however, once you submit your application, you’ll immediately receive a confirmation that the USPTO has received it. About 3 to 6 months after that, you’ll receive notice that your application was reviewed and what the results were.
This is where the timing starts to vary. If there are issues with your mark or application that must be fixed, then that obviously adds time to the process, but if there are no issues, then your mark will move through the process more quickly. If your application is fairly straightforward then you can expect the entire process to take 12 to 18 months.
Will the USPTO contact me if someone uses my trademark without permission?
The USPTO takes no responsibility when it comes to monitoring the marketplace for any instances of infringement. Their only role is to review applications and keep records of existing and pending marks.
It’s the trademark owner who must monitor the marketplace to ensure that no one is infringing on their trademark rights. This can be very time-consuming, which is why many business owners hire trademark attorneys, like Cohn Legal Group, to take care of this task.
Should I register my trademark even if I am just a one-person operation?
Absolutely. Trademark registration is important for one-person operations, multi-national corporations, and every sized business in between. As a sole proprietor, you want to make sure you have the ability to stop anyone who tries to infringe on your trademark. Also, having a registered trademark enables you to invest in your brand if you ever decide that you want to grow and expand your business.
Why Trademark Registration Matters for Flagstaff Businesses
Located in the mountains of Northern Arizona, Flagstaff has a climate that’s perfect for year-round living and constant tourism. It’s no wonder why there are so many successful businesses in this friendly, and diverse city.
Entrepreneurs that come to Flagstaff to follow their dreams of business ownership are typically focused on product development, marketing plans, interviewing new hires, and more. However, they need to make sure that they don’t forget to register their trademarks.
Imagine the following: Kendall is an alumnus of Northern Arizona University who’s passionate about healthy living. Over the past few years since she’s graduated, Kendall has developed a recipe for Kombucha that she and her friends love. In fact, her friends have convinced her to try and sell it commercially.
Kendall decides to take a chance on herself and her new product, Clear Life Kombucha. She develops a business plan, finds a facility where she can produce her product, hires a few employees, and sources her ingredients.
One of her friends who was a marketing major at Northern Arizona University recommends that Kendall look into registering her trademark. However, Kendall isn’t ready to take that step just yet. She doesn’t think that her small operation requires a federal trademark.
After 8 months, Kendall has worked out many of the kinks of the process and is producing enough Kombucha to sell it herself at local farmer’s markets, but also have it stocked in cafes, sandwich shops, and grocery stores in the Flagstaff region. She’s even talking to a few stores in California that may want to stock her product as well.
Kendall never expected this level of success and she’s thrilled with how her business has been steadily growing. However, she is about to receive some unsettling news in the form of a cease-and-desist letter. Another beverage company in California has a name that’s very similar to Clear Life Kombucha. They are afraid that Kendall’s brand will cause confusion in the marketplace.
Since the California company trademarked their name 5 years ago, they have every right to demand that Kendall halt operations and recall any existing product from store shelves. They even threaten legal action if she does not comply with these demands within 45 days.
If Kendall had contacted a trademark attorney from the beginning, the attorney would have conducted a clearance search and found the California company. Then, the attorney and Kendall would have been able to work together to create a strong, unique, and protectable name for her product. Kendall could have avoided this entire predicament.
If you have a business idea, or a plan to start a business, then don’t overlook the trademark registration process. It could mean the difference between success and failure.
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 Flagstaff and yet it can assist businesses from Arizona in registering a federal Trademark because trademarks are governed under federal law.