Fayetteville, Arkansas Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm proudly serving startups and entrepreneurs in Fayetteville, Arkansas, and all 50 states. Our trademark attorneys absolutely love helping companies create and strengthen their brand names and logos. Think of us as your legal consigliere, continuously striving to provide you with the best legal advice and strategies to protect your trademarks and intellectual property.
Top 8 Questions Fayetteville Businesses Have About Obtaining a Trademark
What is the United States Patent and Trademark Office?
The United States Patent and Trademark Office (USPTO) is the federal office that’s responsible for receiving and reviewing trademark applications. The USPTO also keeps a database of all existing trademarks.
Please note that it’s is not the responsibility of the USPTO to monitor the marketplace for instances of infringement. Each trademark owner bears the responsibility of protecting their trademark against infringement.
How do I register a trademark?
To register a trademark with the USPTO, you need to first submit a trademark application using the Trademark Electronic Application System (TEAS).
After your application is submitted, an examining attorney at the USPTO will evaluate the application. If the examining attorney sees errors or issues with your application on trademark itself, you’ll receive an office action detailing what those issues are. You will have 6 months to respond to the office action or your application may be cancelled.
Assuming you resolve any issues with your application, or there were no issues to begin with, the examiner will approve your mark to be published in the Trademark Official Gazette (the USPTO’s online newsletter) for a 30-day “opposition” period. Once your mark appears in the Gazette any member of the public who believes that your mark may harm their business can come forward and file a Notice of Opposition.
If no oppositions from the public are filed during that “opposition” period, then your trademark moves to the final stages of the approval process.
Should I hire a trademark attorney when filing my trademark application?
If you live within the United States, there’s no requirement or law that says you must work with a trademark attorney. However, the USPTO does strongly recommend that anyone who needs to submit documents to or appear before, the USPTO hire a U.S.-licensed trademark attorney.
A trademark attorney understands the procedures and protocols of the USPTO. Their expertise can help ensure that the trademark application process moves as smoothly as possible.
Am I required to register my trademark before I start doing business?
There are no laws that say you must register your trademark before you start doing business. That said, it’s definitely in your best interest to register your trademark with the USPTO as soon as possible.
Having a registered trademark means it’s protected in all 50 states. If anyone in the country infringes on your trademark rights, then you have the right to bring a lawsuit against them in federal court.
Can I trademark a generic term?
The USPTO does not allow anyone to trademark generic terms. For example, no one would be able to trademark the word “socks” as a brand name for a sock company. If that was allowed, then it would prevent all other sock manufacturers from using the word sock, which is unfair and unreasonable.
Will my registered trademark ever expire?
Your trademark will not expire as long as you continue using it in commerce and file the appropriate maintenance documents required by the USPTO. The first maintenance document is required about 5 years after the trademark is approved. Additional maintenance documents will be required every 5 or 10 years after that. The USPTO will provide reminders when these documents are due. You may also hire a trademark attorney who can file trademark maintenance documents on your behalf.
What is the inter-state commerce requirement?
When applying for a federal trademark, you need to satisfy the inter-state commerce requirement. That means you must have significant sales of your products or services in at least two states. Unfortunately, the USPTO is a bit vague about what would constitute significant sales, so it’s best to ask a trademark attorney for advice.
Why Trademark Registration Matters for Fayetteville Businesses
Fayetteville, Arkansas is an epicenter of entertainment in Arkansas. Stroll along Dickson Street and the Downtown Square, and you’ll come across eclectic restaurants, live music venues, trendy boutiques, and plenty of friendly faces. It’s no wonder that new businesses are popping up all over Fayetteville.
Entrepreneurs in Fayetteville have about a million tasks on their to-do lists when launching their new ventures. They need to develop their products, create business plans, find commercial space, and so much more. With all of that activity, however, they should not overlook the important step of trademark registration.
Imagine the following: Arnold graduated from the University of Arkansas with dreams of owning his own business. He’s spent the last few years perfecting his own beef jerky recipe and he wants to bring it to the market. He decides to call his new product Butcher’s Choice Jerky.
Arnold gets to work creating a website, developing a business plan, working out agreements with suppliers, and strategizing about how to market Butcher’s Choice Jerky.
Finally, the day comes when Arnold is ready to launch his website. After a few weeks of orders trickling in, there’s a sudden jump in orders. Arnold is sending out packages of jerky to customers in neighboring states, but also Hawaii, Ohio, and Delaware. He couldn’t be more excited about his success.
However, Arnold is soon going to learn that his success will be short-lived. There’s another company in Texas that sells premium cuts of beef online. They have a name that’s very similar to Arnold’s business. However, they trademarked the name of their business several years ago. They have every right to send Arnold a cease-and-desist letter demanding that he shut down his website and not reopen until he renames his product.
Arnold knows that this will be a time-consuming and expensive endeavor and is not sure he can keep his business going.
There’s certainly lots to take care of when you are starting a business venture. However, trademark registration is something that cannot be overlooked. Registering your trademarks will protect you and your business in the long run.
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 Fayetteville and yet it can assist businesses from Arkansas in registering a federal Trademark because trademarks are governed under federal law.