registering a trademark

So if i want to register a trademark on a certain phrase/acronym what would it take and how much does it cost?
I already checked there's no TM on that one.

In a few simple words please
thanks

 

I've done 3 trademarks. The first one was done by a lawyer and cost $700. The next 2 I did myself online at the US Patent and Trademark Office website for $325 each. When I saw how simple it was, I kicked myself for not doing the first one myself.

You can find out everything you need to do and even file your trademark application online at http://www.uspto.gov/

Note: be sure to search their records to make sure someone doesn't already own the mark you want to register.

 

Yes, basically you can do it by yourself. But be sure there is not the same trade mark as a slogan or one that sounds very similar to your slogan. Otherwise you wasted your money if your tm application would be deinied.

Timo

 

I don't know if this is true or not., but I heard you can write it [the trademark] on a letter and then send it yourself in the US mail. Since it is government dated you have proof that it was "registered" on that date. Don't open it though.

Would be curious to hear what other people think of this method. However, personally I wouldn't reply on this, at least not on something that is valuable to me.

 

That's for copyright if I remember well.

 

Oh, I see. I think you're right as well.

 

As suggested, you can do it yourself - but if you make a mistake on the application it will get rejected and you have to pay to resubmit. Be sure you understand what example it is they want you to send. You also must have already used the mark before you apply.

Checking the USPTO for existing registrations is only the first step. The US recognizes "common law" trademarks which basically means you don't need to have registered it to have established rights. You need to have been the first person to have used it, continued to use, to establish usage rights. You can't run out and get rights to a term just because you were the first person to file for a registration. You should have a trademark search done which will run a few hundred dollars (still not a guarantee) and they will show you all possible conflicts of prior usage that might be a problem to getting a trademark.

You also can't trademark a common generic term (like apple pie for a baked good) but you might be able to trademark (apple pie) for a clothing line. Trademarks are granted in over 40 classifications and a single trademark is only good for one classification. You only have rights to that particular usage of the term in a classification (there are several owners of trademarks on "apple" and "myspace" each owner has specific rights).

It takes about 6 years for the whole trademark process. During this time anyone can file and contest your claim. This is where an attorney will need to be used. This is why a trademark search of all records should be done before you even apply. You don't want to have a trademark rejected after 5 years. Similar and even foreign spellings can be infringement, so it's just not as simple as looking for an exact match.

 

thanks a lot everyone, that answers all my questions

so one needs to wait like 6 years, oh that's quite a lot

 

I registered mine right after 9/11 happened. It took almost a year to complete and about $550. I did it by myself. Just make sure that you write a very detailed description, and you specify the shape, colors, outlines, etc. Also, choose a very pinpointed category for your trademark.

 

It takes about a year for the trademark to be accepted and published. Once that happens, a five year period starts where your trademark claim can be contested. The examiner at the USPTO only check existing registered marks and they do not check anywhere else. Other people then can come forward and claim your filing infringes on their registered or unregistered mark. If after that 5 year period (total of six years) no one contests your filing, your rights to usage of the mark are cast in stone. If someone came forward after the six years and was able to prove they were the first one to use the mark, they could no longer prevent you from using the mark, although they could still continue to use the mark - but their rights would be limited.