Manhattan, Kansas Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a boutique law firm proudly serving entrepreneurs and small business owners in Manhattan, Kansas. The attorneys at Cohn Legal have the skills and experience to provide exceptional legal advice about your trademark and intellectual property rights. Let us help you build and protect a strong and unique trademark.
Top 7 Questions Manhattan Businesses Have About Obtaining a Trademark
Should I use the Trademark Electronic Application System?
All trademark registrants should access the Trademark Electronic Application System (TEAS) online to submit their trademark registration application to the USPTO and pay the required fees. In fact, this is the only way the USPTO will accept trademark registration applications.
Am I required to hire an attorney?
The USPTO will require you to hire a U.S.-licensed attorney if you are living outside of the United States and wish to conduct business with the USPTO.
If you are a resident of the United States or its territories, then it’s not necessary for you to hire a trademark attorney when conducting business with the USPTO. However, the USPTO encourages everyone, even U.S. citizens, to hire a U.S.-licensed attorney who specializes in trademark law to represent them in dealings with the USPTO.
Can I determine if my desired trademark is available by conducting a Google search?
Google searches, or any internet search for that matter, should not be used to determine if your desired mark is available for use.
Google searches may reveal exact matches to your desired trademark, but may not reveal trademarks that are similar to your desired trademark. Remember, the USPTO rejects most trademark applications because they are too similar to existing marks. Also, an online search won’t reveal which trademarks are pending approval with the USPTO. If your desired mark is similar to a mark that is pending approval, then it will be rejected.
Contact a trademark attorney who can conduct a thorough clearance search and give you solid advice about the availability of your trademark.
Will the USPTO alert me if a competitor is infringing on my trademark?
No, the USPTO will not alert you if anyone is infringing on your mark. The USPTO reviews trademark applications and maintains a database of existing trademarks, but they do not take responsibility for policing the use of trademarks.
It is your responsibility as the owner of the trademark to be vigilant about the use of your mark and to take action against anyone who may infringe on your trademark rights.
What does it mean if my trademark is rejected for being “too descriptive”?
The USPTO will sometimes reject a trademark application because the trade mark is “too descriptive.”
For example, they wouldn’t someone to trademark the word “salty” as a brand of potato chips. Nor would they allow someone to trademark the word “creamy” for a brand of yogurt. Those words are just describing those products and all manufacturers of those products should have access to those words.
How long will it take to register my trademark?
In general, the entire trademark process can take up to 18 months, but it’s hard to pinpoint exactly how long the entire process will take. There are many variables, including the quality of the submission and how long a registrant takes to respond to office actions.
One way to ensure the process goes as smoothly and as quickly as possible is to have a trademark attorney prepare and submit your application. A trademark attorney can help ensure that the application is accurate and respond to inquiries from the USPTO in a timely fashion.
What does “intent to use” mean?
If you want to register a trademark, but have not yet started using it in commerce, then you can submit your trademark application on an “intent to use” basis. That indicates to the USPTO that you have the intention of using the trademark mark in commerce in the near future. If your trademark gets approved on an intent to use basis, then you will be given 6 months to provide evidence that you are using the mark. You may also file for an extension of that deadline.
Why Trademark Registration Matters for Manhattan Businesses
Manhattan, Kansas is affectionately referred to as “The Little Apple.” While not as bustling as its East Coast counterpart, this friendly, close-knit town does attract its share of new business owners and entrepreneurs ready to launch their ventures.
Startups in Manhattan are known for being independent, do-it yourselfers. While that’s an admirable quality, the one aspect of business ownership they shouldn’t handle themselves is trademark registration.
Imagine the following: Frannie graduated from Kansas State University about 2 years ago. She loves living in Manhattan and wants to start a frozen yogurt business in the downtown section of the city.
She first finds a location and signs the lease. She comes up with the name Frannie’s Frozen Delights for her new shop. She knows she can’t use the name if someone else is already using it, so she conducts a Google search. No matches pop up so she moves forward with confidence.
Frannie develops a robust marketing plan, creates a website, interviews potential new hires and even orders an eye-catching new sign to hang above the shop. After another 2 months of preparation, she’s ready for her grand opening.
A year later Frannie’s Frozen Delights has become a popular spot among families, Kansas State students, and local residents. People enjoy her unique take on frozen yogurt and the friendly welcoming atmosphere she’s created. Frannie couldn’t be more excited with how things are going.
Unfortunately, her success is about to melt away. Frannie received a cease-and-desist letter from an ice cream manufacturer in Texas. They have a new product about to hit store shelves with a name very similar to Frannie’s Frozen Delights. Their trademark is pending registration, so Frannie’s Google search would’ve never identified the name as a potential conflict.
Even though their registration is pending they still have the right to demand that Frannie close her shop and rename her store. If Frannie had worked with a trademark attorney from the beginning, the attorney would’ve conducted a robust clearance search, identified the Texas company’s pending trademark, and advised Frannie to choose a new, unique trademark.
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 Manhattan and yet it can assist businesses from Kansas in registering a federal Trademark because trademarks are governed under federal law.