Medesthetics

APR 2018

MedEsthetics—business education for medical practitioners—provides the latest noninvasive cosmetic procedures, treatment trends, product and equipment reviews, legal issues and medical aesthetics industry news.

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"Pick something that is not descriptive of what you are doing," says Stanford. "This weakens the ability to get it reg- istered as a trademark. For example, 'Star Medical Spa and Skin Care Center' would be a challenge and likely would not get registered as a trademark because it's descriptive of the services that are associated with the mark and the only nondescriptive element is 'Star.'" Coming back to our original example, suppose you want your business to be Effervescence Medical Spa. Assuming no confl icting uses, Stanford recommends that "Effervescence" be the only word in any logo or design mark seeking trade- mark protection—not the descriptive words "Medical Spa." "When you put your sign on your wall or launch your website, you can always use your trademark next to the words 'medical spa,' but they should not be part of the trademark itself," he says. HOW LONG DOES IT TAKE? Once you have settled on a name and logo design, an ap- plication is submitted to the USPTO. "Once the application is fi nalized, prosecution of the application, that is, seeking registration with the USPTO is a pretty lengthy process," Stanford says. "We're not going to hear back for at least four months. From there, if there are any issues or con- fl icts, we have to address them with the USPTO examining attorney, and there may be some back and forth. From my experience, the quickest a trademark may be registered with the USPTO is probably 9 to 10 months. It typically takes a year or longer, if you don't have any major issues." The total cost of the trademark process from search to clearance can vary signifi cantly from case to case, but generally speaking, it will cost between $2,000 and $3,000. "But it's much better to spend this money up front than have to deal with potential confl icts or lawsuits in the future," says Stanford. INFRINGEMENT PENALTIES Thanks to the internet, it is easy for companies to fi nd businesses that are violating their trademarks—and penalties for trademark or trade name infringement can be severe. "If another party has a trademark registered with the USPTO and your mark is infringing upon it, you could 26 APRIL 2018 | Med Esthetics LEGAL ISSUES New Marks through fluids! VisFlow ™ Ultra Pressurized Surgical Ma r er 1.800.221.0658 • www.viscot.com viscotcs@viscot.com see demo: w w w . b i t . l y / v i s f l o w - d e m o $50 off your f irst full case call or e-mail for details

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