East Lansing, Michigan Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC specializes in intellectual property protection for startups, entrepreneurs, and small business owners located in East Lansing, Michigan. Our trademark attorneys have a true passion for helping companies of all sizes protect their trademark rights. Whether you’re just starting out or you’re an established company in the middle of a trademark dispute, we’re here for you.
Top 5 Questions East Lansing Businesses Have About Obtaining a Trademark
What is an office action?
If the examining attorney at the USPTO determines that your trademark should not be registered, he or she will send an office action to you, which explains the reasons your mark was refused. You, or your trademark attorney, will have 6 months to respond to the office action. If you do not respond within the appropriate timeframe, then your application will be canceled.
What’s the difference between filing a “use in commerce” application vs. an “intent to use” application?
If you’re submitting a trademark application on a “use in commerce” basis, that means you’re already using your mark in sales to customers outside of your state. For example, you may make jewelry in Connecticut, but you sell it to buyers in California, Texas, and New Jersey. You’ll need to provide proof that you are using your mark in commerce as part of your application.
If you’re submitting an application on an “intent to use” basis, that means you’re not yet using your trademark in commerce, but you have a bona fide intention to do so in the near future. For example, maybe you intend to make and sell jewelry, but you’re still sourcing your materials. Once you do start using your mark in commerce, you’ll be required to provide proof to the USPTO.
What types of trademarks are the most “protectable”?
Typically, the more unique your trademark is, the more protectable it is. That’s because it’s easier to show that someone may be infringing on your extremely unique mark than it is to prove that they are infringing on a more common or generic mark.
Fanciful marks are considered to be the most protectable trademarks. These are words that are invented for the sole purpose of being a trademark. Pepsi, Exxon, Oreo, and Lego are all examples of fanciful marks.
Arbitrary marks are the second most protectable trademark. Unlike a fanciful mark, an arbitrary mark is a real word with a definition. However, when used as the name of a product, the real definition of the word does not have any meaning. Ivory soap, Wonder Bread, and Apple computers are all examples of arbitrary marks.
Suggestive marks are the third most protectable type of trademark. These trademarks don’t describe the product or service outright, but they do allude to an aspect of the product or service. Turbo Tax is an example. The name of this software suggests that you’ll be able to file your taxes quickly.
If I have a limited budget, should I register my logo or my business name first?
Many new businesses can’t afford to register all of their trademarks at the same time. If you’re in this situation, it’s best to trademark the name of your company in a plain typeface before anything else. Then, trademark your logo as soon as you can after that.
Why should I hire trademark attorney?
A trademark attorney can assist you in many ways. For example, he or she can:
- Conduct a trademark clearance search to ensure your mark is available for use prior to you submitting an application.
- Prepare an accurate and complete trademark application.
- Respond to office actions.
- File trademark maintenance documents by the required deadlines.
- Provide ongoing legal advice and guidance about your intellectual property.
- Represent you in court, if needed.
- Monitor the marketplace to ensure that our trademark rights are not being infringed upon.
Why Trademark Registration Matters for East Lansing Businesses
East Lansing, Michigan combines the atmosphere of a small town with the ambiance of a metropolitan area like no other. Its tree-lined, residential neighborhoods provide a perfect family living. Meanwhile, its clean and safe downtown area has plenty of restaurants, hip boutiques, and live music venues. And, the crown jewel of the city is none other than Michigan State University.
East Lansing is truly on the rise so it’s not shocking to learn that new businesses are popping up all over. Entrepreneurs in East Lansing see a path to success, but they must not overlook the important step of registering their trademarks.
Imagine the following: Darnell is a recent graduate of Michigan State University. He has an entrepreneurial spirit and is ready to start his own business like he’s always dreamed about.
Darnell sees a real need for a high-end men’s shoe store in East Lansing. He’s always loved fashion and shoes especially. Darnell finds a storefront located right along the iconic “Avenue of Fashion” in the downtown area. He calls his venture New Avenue Shoes just because he likes the way it sounds.
A friend of Darnell’s loves the name as well and asks if he’s going to register the trademark. Darnell knows he should, but he has so much other stuff on his plate. He’s going to have to put that off for later. Instead, Darnell turns his attention to renovating his shop, ordering inventory, interviewing new hires, creating a marketing plan, and ordering signage for the store.
Finally, the day arrives when Darnell can have his grand opening. From day one his store was very popular with residents of East Lansing, college students, and tourists. He is thrilled that things are going so well and he’s even thinking about ways to expand the store.
Unfortunately, Darnell is about to get some very bad news in the form of a cease-and-desist letter.
It turns out that there’s an online shoe retailer based in Georgia, who’s selling products all across the country. The name of Darnell’s shop is very similar to the name of the online shop. However, the owner of the Georgia shop trademarked the name several years ago, so he has every right to demand that Darnell shut down his shoe store and not reopen it until he renames it.
That will be a very time-consuming and expensive process for Darnell, and he’s not sure he’ll be able to recover. As tempting as it can be for new businesses to put off the trademark registration process, it must be done sooner rather than later if you’re serious about success.
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 East Lansing and yet it can assist businesses from Michigan in registering a federal Trademark because trademarks are governed under federal law.