Trademark. A new company?

Discussion in 'Legal Issues' started by Rhythm, Jun 21, 2007.

  1. #1
    Hey there,

    Well I want to start my own business. Surprise, surprise. Anyway It will be for a clothing company and I have most of it figured out already. My question is for trademarking. Where do I go to apply for it? Can I apply for it online and are there any fees? I've searched on the internet I guess I didn't dig deep enough but I couldn't really find any answers. As for a business related question should I start my company see how it goes and then figure out the trademark or trademark it first when I start?

    I will be very grateful for your help.
    Thanks! :)
     
    Rhythm, Jun 21, 2007 IP
  2. hgaber

    hgaber Peon

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    #2
    We help companies register their trademarks, copyrights and patents, as well as enforce their rights under those laws. We also provide business development consultation.

    You can't register a federal trademark online.

    We have experience in getting successful trademark registrations. We can help you out and get all of the paperwork done for you. Reply if you are interested.

    I would highly encourage you to obtain a trademark before anything else, as it will allow you to build your brand and have customers recognize it. If you don't register your trademark first, one of three bad things could happen:

    1) Someone already registered a trademark similar to yours and you didn't know because you started using your logo without registration. They can sue you for damages and trademark dilution.

    2) Someone else registers a similar trademark and when you go to register yours, your application gets rejected. Then you can be sued, and you have to redo all of your products, websites, etc with a new trademark. This causes problems with your customers who do not realize that both trademarks are yours.

    3) Someone else finds out that your trademark is unregistered and registers your trademark. Then you can't register it. If you go to Court, the Court will look to see who used it first, but there is no gurarantee that your evidence of using it first is convincing enough. Even if you win, it will cost you tens of thousands of dollars to prove it.

    So trademark registration is very important.
     
    hgaber, Jun 21, 2007 IP
  3. browntwn

    browntwn Illustrious Member

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    #3
    1. Check out USPTO.gov for information on US trademarks.

    2. You can claim a trademark just by putting a â„¢ next to the mark you are seeking to protect. (obviously if someone was using that mark before you, then they will have superior rights to the name)

    * trademarks are a race to the marketplace. The first to use the mark in commerce has the best rights to the name, regardless of registration. Registration merely makes the name uncontestable after a set time period.

    3. The same trademark can be used by different companies, as there are different classes of trademarks. (i.e. Mitsubishi cars, and electroncs, etc)

    4. If you do chose to get paid help, seek qualified, local assistance. I would never use some online company that claimed to help you.

    5. If you want legal advice, most local bar associations will refer you to a qualified attorney who will meet with you and give you some advice in an initial session for a low fee.


    This is 100% not true, you can use the online filing system TEAS, available here:

    http://www.uspto.gov/teas/index.html
    "The United States Patent and Trademark Office (USPTO) is pleased to present TEAS - the Trademark Electronic Application System. TEAS allows you to fill out a form, check it for completeness, and then submit the form directly to the USPTO over the internet, making an official filing on-line."



    Not to pick on you, but your efforts to pitch your own services coupled with your ignorance of the online filing systems makes me think you are not at all qualified to offer trademark assistance. Feel free to expand on your qualificatons.
     
    browntwn, Jun 22, 2007 IP