Ann Arbor, Michigan Businesses Use Cohn Legal for Trademark Services
Serving clients in Ann Arbor, Michigan, Cohn Legal Group is a boutique law firm that focuses on trademark law and intellectual property protection for startups, small businesses, and entrepreneurs. Our team of attorneys has the requisite expertise to provide outstanding legal support and guidance to a wide variety of clients. We’re ready to help you build strong brands, protect your established trademarks, and advocate for your intellectual property rights.
Top 7 Questions Ann Arbor Businesses Have About Obtaining a Trademark
What is a descriptive trademark?
Descriptive trademarks are those that only describe a feature or a characteristic of your goods or services. Descriptive trademarks are weak trademarks and not acceptable under USPTO standards.
For example, none these would be accepted by the USPTO.
- “Creamy” for a brand of yogurt
- “Salty” for a brand of potato chips
- “Sweet” for a brand of jam.
Those words should be available to all manufacturers of those products.
What is a clearance search?
A clearance search is the best way to determine if your desired trademark is available for use, or if someone else already trademarked something similar.
A clearance search has two parts:
- Knock-out search: This is a check of the Federal Trademark records which will reveal if there’s a mark already in existence that’s similar to yours.
- A full search: This part of the search checks state trademark registrations, common law sources, and internet sources.
For best results, hire a trademark attorney to conduct a comprehensive clearance search on your behalf.
Is my federally registered trademark valid outside of the United States?
Your federally registered trademark is only valid within the 50 Unites States and territories of the United States, such as Guam. If you want to protect your trademark in countries outside of the United States, then consult with a trademark lawyer for advice.
I’ve submitted my trademark application. Can I check on its status?
After your trademark application is submitted to the USPTO, you’ll receive a serial number, you’ll get a serial number. If you visit the Trademark Status and Document Retrieval System (TSDR) and enter your serial number when prompted, you’ll receive an update on the status of your application. Or, you may contact the Trademark Assistance Center at 800-786-9199 and ask about the status of your application.
What are the benefits of hiring a trademark attorney?
The following list includes just a few of the many benefits of hiring a trademark attorney. Your trademark attorney will:
- Conduct a trademark clearance search.
- Prepare and submit your trademark application to the USPTO.
- Respond to inquiries and office actions from the USPTO.
- Take action against anyone infringing on your trademark rights.
- File trademark maintenance documents by the required deadlines.
- Provide ongoing legal advice and guidance about your intellectual property.
- Represent you in court.
How does registering my trademark help me protect my business?
Once you have a registered trademark, your mark gains what is known as the “presumption of nationwide validity.” That means, your trademark certificate is all the proof you need to show that you are the rightful owner of the trademark. There’s no need to provide copious amounts of evidence.
What is the Trademark Official Gazette?
The Trademark Official Gazette is an online publication put out by the USPTO on a weekly basis. After your trademark application is approved by an examining attorney, your mark will be published in the Trademark Official Gazette for a 30-day Opposition Period.
During those 30 days, anyone who believes that approval of your trademark will harm their business interests may come forward and file a Notice of Opposition. The dispute will be settled by the Trademark Trial and Appeal Board (TTAB).
However, if no one opposes the mark within the 30-day Opposition Period, then your trademark moves to the final stages of approval.
Why Trademark Registration Matters for Ann Arbor Businesses
Diverse, cosmopolitan, but also laid-back, Ann Arbor, Michigan is a city buzzing with energy. It’s home to five colleges and universities including Concordia University and the University of Michigan. Smart entrepreneurs see the opportunities for success in Ann Arbor.
While Ann Arbor business owners prefer to do the work involved with opening their businesses themselves, they should hire trademark attorneys to help them protect their trademark rights.
Imagine the following: Jenny and Seth are both Alumni of the University of Michigan who have always kept in touch. Now, the two friends want to start their wine bar in downtown Ann Arbor.
They scout the area and find the perfect location in the Kerrytown neighborhood of Ann Arbor and sign the lease. They decide that they want to call their new venture The Tasty Grape. While they both love the name, they need to make sure that no one else is using it. Seth suggests they conduct a Google search. However, Jenny insists that they hire a trademark attorney who can conduct a thorough clearance search.
After a week, the two friends received good news from the attorney. No one else had trademarked the name or anything similar. The attorney then prepared the trademark application and submitted it to the United States Patent and Trademark Office.
Six months later, The Tasty Grape is finally open and Jenny and Seth are enjoying their new venture. Their wine bar is definitely the new hot spot in town. One day, they get a call from their trademark attorney. It turns out that there’s a new website that sells wine with a very similar name to Jenny and Seth’s business.
Since Jenny and Seth own the trademark, their lawyer sends a cease-and-desist letter to the owners of the wine website asking them to shut down the site and not reopen until they’ve got a new name. The lawyer even threatens legal action if they don’t comply within 30 days. Three weeks later, Jenny and Seth visit the site and find that it’s been taken down.
Remember, it’s simply not good enough to search for your desired trademark using a Google search. To be absolutely sure that the trademark you want is available for use, you must work with a trademark attorney who can conduct a full clearance search on your behalf and protect your mark against infringement.
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 Ann Arbor and yet it can assist businesses from Michigan in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Ann Arbor 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.