urgent - help filing trademark

Discussion in 'Legal Issues' started by jgjg, Oct 18, 2007.

  1. #1
    Let's say I thought up a name for a new company and I want to make a product for it in the future.

    If I think it is catchy, and I want to trademark it, would I just go to http://www.uspto.gov/ and file a trademark?

    I already registered the .com domain name for it along with several extensions, so I know that no one is really using it for a business or has even thought of it yet.

    I do want to secure TM rights to this idea though so do you think I should talk to an attorney or just use the online thing?

    I've never really done any TM or copyright stuff before so any tips or resources would be good - especially from someone who has used the process before successfully to trademark a product
     
    jgjg, Oct 18, 2007 IP
  2. bluegrass special

    bluegrass special Peon

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    Well, in order for you to be able to trademark it, you will need to use it first in commerce. Simply buying the domain name is not enough. Put up some sort of site to show that you are and intend to continue to use the mark in trade.

    The benefit of using a service is not that they will fill out the form. They will also perform a search. You can do much of this yourself, but it is important to do. If the USPTO determines that you do not have rights to the mark (or that it can't be trademarked) then you will lose your filing fee.
     
    bluegrass special, Oct 18, 2007 IP