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Albuquerque, New Mexico Businesses Use Cohn Legal for Trademark Service
Cohn Legal was born as an auxiliary branch of an international Intellectual Property firm that has provided legal protection to some of the biggest technology companies in the universe. CLG has since been acquired by Cohn Legal, PLLC and our New York Startup firm has devoted its energies to servicing clients in New York City, the broader Tri-State area, and various cities including Albuquerque and indeed countries throughout the world.
Top 8 Questions Albuquerque Businesses Have About Obtaining a Trademark
What is a trademark?
A trademark is a source identifier that may be a word, logo, slogan, sound, and or design that when attached to a good or service, enables a consumer to identify the company which produces the good or service.
How do I register a federal trademark?
To obtain a federally registered trademark, you need to fill out and submit a trademark application to the United States Patent and Trademark Office, or USPTO. The trademark application will contain information about the applicant, the desired trademark, and the nature of the goods or services to be protected under the trademark.
The USPTO examining attorney will first evaluate the distinctiveness of the applicant’s mark and then search the USPTO database to see if there are any trademarks already existing that are similar to the trademark you’re hoping to get.
Assuming that the examining attorney approves your application, the trademark will get printed in the USPTO’s Official Gazette for a 30-day period of “publication.” During that time any third party with a legitimate claim against the filing can submit an “opposition” to the application. If no oppositions are submitted, the applicant’s trademark application will be cleared for final registration.
Do I need to conduct a trademark search before filing my application?
While there is no rule or law which mandates that you conduct a trademark search before submitting a trademark application, it is undoubtedly wise and important to do so. The purpose of the trademark search is to uncover any sufficiently similar trademarks, which may bar the admission of your trademark.
Do I need to sell a product or service to obtain a trademark?
Yes. You can’t just trademark 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.
Do I need to have a registered trademark before I start selling my goods or services?
You don’t need a trademark to start selling, but it is the prudent thing to do. Conducting business without the protection of a registered trademark may render you vulnerable to a third party using your trademark and registering it with the USPTO before you get a chance to do so yourself. If you are serious about your business, it is worthwhile to first register your trademark and protect your business against infringement.
How long does a trademark last?
As long as you continue to use it and meet renewal deadlines set by the USPTO, your registered trademark will never expire. For new trademarks, the first renewal will take place after approximately 5 years from the date of registration, and then 10 years from the date of registration. Renewals will occur every 10 years thereafter. Please note that if you miss a renewal deadline, your trademark may be cancelled.
What is a “specimen” and when do I need one?
A specimen is an illustration of how you are is actually using your trademark in commerce. A specimen may consist of a picture of a product label, packaging, or tag, etc., which clearly displays the trademark being used in commerce. If you are selling a service and not a physical item, then you can submit specimens such as flyers, brochures, advertisements, etc.
Can I file a trademark if I’m not selling any products?
If you want to file a trademark before you’re ready to bring your goods or services to market, then you can do so with an Intent-To-Use (ITU) trademark application.
Section 1(b) of the Lanham Act, 15.U.S.C. § 1051(b) states that “…person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark.”
Once the ITU Trademark Application has been accepted and you have been issued a Notice of Allowance (NOA), you have 6 months to either submit your Statement of Use or file a petition to extend your submission of a Statement of Use. Each extension request will allow the applicant an additional 6 months to provide the Statement of Use. You are allowed up to 5 extension requests.
Why Trademark Registration Matters for Albuquerque Businesses
With a friendly population and strong economy, Albuquerque, New Mexico is an up-and-coming Midwestern city that’s attracting more and more entrepreneurs each year. If you’re ready to start your business in Albuquerque, don’t overlook the all-important step of trademark registration.
Imagine the following: Jean loves her hometown of Albuquerque, New Mexico. One thing she realized that the downtown area is missing is a high-quality maternity clothing store. She found it so hard to find clothes she liked while pregnant.
That gives Jean an idea to start working on a business plan for a maternity clothing store. She first finds a small storefront for sale and signs the lease. Jean calls the store Motherhood and gets to work ordering inventory, hiring staff, and investing in-store signage. She also sets up a website for online orders and advertises in local papers.
Jean has her grand opening, but unfortunately, the boutique isn’t open for very long. There’s a small chain of maternity clothing stores called Motherhood in New Jersey and New York. The chain registered the trademark years ago, while Jean completely forgot to pursue trademark registration
The larger chain sent Jean a cease-and-desist letter, asking her to refrain from doing business until she has renamed her business. The rebranding will cost Jean a lot of time and money. This could have been avoided if she had contacted a trademark attorney right from the beginning of her business venture.
When you’re thinking of opening a new business, trademark registration should be at the top of your to-do list. 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 New Mexico and yet it can assist businesses from New Mexico in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Albuquerque 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.