how to file for trademark with a lawyer

Provide Applicant Information Select “no” to whether an attorney is filing the application. Then, enter the name of the owner of mark, which can be either a business or an individual.

Full Answer

Do I need a lawyer to file my own trademark application?

Do you really need a lawyer to file your own trademark application? The simple answer is, no, you don't need a lawyer to submit your trademark application. At first glance, it actually seems pretty easy.

What happens if you take legal advice before filing a trademark?

Your trademark submission can be rejected, or the legal validity of your trademark registration could be jeopardized, if you take advice or receive assistance from someone who is not authorized to practice law before the USPTO. We also take very seriously the competency and conduct of attorneys who practice before the USPTO.

What is a trademark lawyer search?

This search will go beyond a basic search to make sure your trademark doesn't infringe on other trademarks. A trademark lawyer will conduct a comprehensive search to include federal, state, and common law trademarks, often using professional software. These searches work to find any potential issues that could arise in your trademark filing.

How do I start a trademark application?

Preparing to Register Your Trademark Establish your email address. Format your trademark. Create your image file. Identify your goods and services. Determine your filing basis. Create your specimen. Calculate your fee and payment method.

Can you file for a trademark on your own?

Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application.

What is the easiest way to file a trademark?

To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application.

How much does it cost to put a trademark on something?

$225 to $600The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do you legally trademark a name?

Key takeaway: To register and trademark your brand name, search the TESS database for similar brand names, fill out the trademark application, and submit it to the USPTO for review.

What are the three requirements for trademarks?

What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•

How much does it cost to trademark a name and logo?

The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How long does it take to get a trademark?

around 18-24 monthsAns: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

Do I need to trademark my business name?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

What happens if someone trademark your name?

Trademark Registration Then, the owner can face a lawsuit for using the same name as someone else even if the second party registered a trademark for the company after the first owner created the company. These situations usually require the services of a lawyer to both understand and pursue.

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

How do I trademark my logo?

Trademark Application Process:Complete a trademark search.Secure your rights.Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.Submit an "intent-to-use" form. ... Pay the fees.

What happens after a trademark is registered?

After the mark registers, the owner of the mark must file specific maintenance documents to keep the registration live.

What is the first step in trademark registration?

Selecting a mark. Once you determine that the type of protection you need is, in fact, trademark protection, then selecting a mark is the very first step in the overall application/registration process. This must be done with thought and care, because not every mark is registrable with the USPTO. Nor is every mark legally protectable, ...

How long does it take to get a notice of allowance for a trademark?

If the mark is published based upon the applicant's bona fide intention to use the mark in commerce and no party files either an opposition or request to extend the time to oppose, the USPTO will issue a notice of allowance about eight weeks after the date the mark was published. The applicant then has six months from the date of the notice of allowance to either:

How long does it take for a USPTO to register a trademark?

The process and timeframes remain the same, except that if issues are ultimately resolved and the statement of use is approved, the USPTO issues a registration within approximately two months. If all issues are not resolved, the application will abandon.

How often do you check your trademark status?

You must check the status of your application at least every six months after the initial filing of the application, because otherwise you may miss a filing deadline. See checking status for more information about this.

How to access the trademark electronic application system?

To access the Trademark Electronic Application System (TEAS), you need to log in to a USPTO.gov account with two-step authentication. Set up your USPTO.gov account .

What is a trademark in a TV commercial?

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial that you use to market the product.

How can a trademark attorney help you?

A trademark attorney can also help enforce your trademark after it is registered by monitoring new trademark applications or uses of your trademark and either opposing the applications or taking action to stop the infringing use.

What is a trademark?

Trademark Defined. A trademark can protect the words or symbols you use to identify your business. For example, the Nike Corporation has trademarks in the name “Nike," the swoosh symbol, and the phrase “Just Do It.".

What are some common mistakes that can be made in trademark registration?

Other common mistakes include: Choosing the wrong filing basis. Submitting an improper trademark specimen. Trying to register something that does not qualify as a trademark.

What does it mean to submit an improper trademark specimen?

Submitting an improper trademark specimen. Trying to register something that does not qualify as a trademark. The USPTO may sometimes allow you to fix mistakes within a very strict deadline. If you're unable to resolve them, it will deny your application.

How much does a trademark denial cost?

Mistakes in a trademark application can cost time and money, and a trademark denial can cost you hundreds of dollars in nonrefundable filing fees. That's why, for many people, a trademark lawyer is money well spent. Make sure your work is protected START MY REGISTRATION. About the Author.

How does intellectual property affect a company?

Although it does not take up physical space, an excess of intellectual property can burden a company, directing limited funds towards maintaining registrations, defending against third-party claims, or creating and marketing a final product. Selling unused or surplus intellectual property can have an immediate positive effect on a company’s finances, generating revenue and decreasing costs.

Does Coca Cola have a trademark?

The Coca-Cola Company has a trademark in the name “Coca-Cola" as well as the way the name looks when written in white script on a red background. The key to trademarks is that they must be used in business.

What do you do after a trademark is registered?

In addition, after your mark is registered, you need to monitor your mark insuring no one is infringing on your intellectual property, as well as insuring that you are not using the mark in a manner in which it was not originally intended.

What makes Registering a Trademark so Difficult?

They are the initial naming process and trademark search, the application itself, handling correspondence from the USPTO, and the additional deadlines and hassles of dealing with the entire process. Let's take these one at at time.

Can another party cancel a mark?

Alternatively, if your mark does get registered, another party can seek to cancel your registration after it has been registered .

Is it easy to search for a trademark?

Conducing a trademark search is a fairly straightforward and easy process, assuming you have picked an appropriate name for your business. However, straightforward and easy doesn’t necessarily mean that you should conduct this step without the help of an experienced trademark attorney.

How to hire a trademark lawyer?

To evaluate whether you need to hire a trademark lawyer, first understand what trademark lawyers can do for you. They routinely: 1 Offer legal advice on the use, adoption, selection, and registration of new trademarks 2 Conduct thorough trademark searches using the USPTO's Trademark Electronic Search System 3 Evaluate the strength of the proposed trademark and offer legal advice on how to select a trademark that is unique and won't likely be confused with other marks 4 File applications to register new trademarks that meet the complex USPTO requirements 5 Provide advice on how to address trademark infringement and enforcement issues

How Do I Apply for a Trademark?

To achieve nationwide protection under federal law, a trademark must first go through the trademark application process.

What happens if you file a trademark yourself?

If you file for your trademark yourself, you run the risk of selecting a proposed trademark that is not unique enough or free of conflicts with existing marks. Additionally, if issues arise with the trademark, you will be pitted against a skilled examining attorney without an attorney to advocate for you.

When Should I Consider Hiring a Trademark Lawyer?

You can apply for a registered trademark on your own, but the expense of hiring a trained and licensed trademark lawyer may outweigh the potential pitfalls of going it alone.

How much does it cost to hire a trademark attorney?

In addition, often you can find trademark attorneys who offer services for a flat fee. Further, averages indicate that hiring a trademark can cost $1,000 – $2,000.

What does the USPTO ask you to do after you file a teas trademark?

After you decide to file a TEAS or TEAS Plus trademark application, the USPTO will ask you to clarify your filing basis. Specifically, the USPTO will want to know whether you are filing your trademark application based on actual use of the trademark in commerce or based on a future intent to use the trademark in commerce.

How Much is the US Government Trademark Filing Fee?

The question of whether you need to file a TEAS Plus or regular TEAS trademark application depends on whether your application can meet certain filing conditions, as determined by the USPTO and the U.S. Trademark Act. Below outlines many of those filing conditions. However, because many of the filing requirements can be easily overlooked it is advisable you seek advice from a knowledgeable attorney, experienced in the procedures of filing trademark applications with the USPTO.

What does "actual use of a trademark in commerce" mean?

Actual use of a trademark in commerce means you have already used the name in commerce, within the United States, in relation to the goods or services you seek to register your mark. Where you have already used the name in commerce, you will file for a Section 1 (a) filing basis. Conversely, if you have not yet used the mark in commerce, ...

Why do you need a trademark search?

As a result, a trademark search is vital in preventing the potential for you or your company to face expensive and unnecessary litigation. So when thinking of the cost to trademark a business name, thing first of paying an attorney to handle your trademark.

What does a mark on a name mean?

If the mark identifies a living person’s name, a signed authorization from that person allowing you to use their name.

What do you need to provide the owner of a business?

Provide the owner’s name, address, and email;

Do I need a trademark attorney?

The trademark process can be complicated and mistakes happen, so it’s not always easy to know if you need a trademark attorney. However, some signs indicate when it might be beneficial.

Save time and money by hiring an attorney

First (and perhaps foremost), a trademark attorney can save your business time and money by filing trademark applications on your behalf without errors. Before you ever file, they can also help with things like:

Summary

You should understand that no rule states you must hire a trademark attorney to apply for a trademark. You do not need one to file. It’s totally possible to do the necessary research, fill out the application, and file by yourself. Moreover, the U.S.

How to use a trademark in commerce?

The easiest way to use your trademark in commerce is to label the goods that you sell. Nothing fancy is needed, labels made on your printer will suffice as you are getting started. Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.

How long does it take to file an objection to a trademark?

This is notice to the public that you are claiming the trademark. Opposition to your registration must be filed within 30 days of publication or any extension allowed by the USPTO. If someone files an objection to your trademark, consult with an attorney about your options.

What is a specimen in trademark application?

The specimen is a JPG file that can either be a photo of your product showing the trademark or a digital file of a tag, label, packaging, or sign.

How many megabytes can a trademark image be?

It must be in JPG format. The trademark application requires that the image be between 250 and 944 pixels on any side. The image file cannot exceed 5 megabytes. [7]

What is a stylized mark?

Stylized marks are groups of one or more words done in a fancy font or other graphic representation. If you want "Grandma Mary's Supreme Fudge" in a fanciful font or in color, it will be a stylized mark. You will need to create an image file of your stylized trademark in JPG format to submit with your application.

How long does it take for a trademark to show up on a trademark application?

Track your application status. It may take up to a week for your application to show up in the Trademark Status & Document Retrieval System (TDSR). Once it is active, you will be able to track the status of your application.

How much does it cost to trademark a product?

Choose your trademark class. You pay the $225 fee for each trademark class. Unless your business is well-developed, you should consider restricting your application to the one class that best identifies your product. For example, for "Grandma Mary's Supreme Fudge," the best class is 030, which covers "fudge" or "candy."

Isn't Filing A Trademark Application An Easy Process?

• As I said before, on it's face, filing a trademark application seems to be fairly straightforward. You fill out some forms online, pay a fee, and voila, you submit the application. What's the big deal? Here's the big deal… Are you aware that the vast majority of business owners that attempt to file their trademark application on their own actually ...

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What Makes Registering A Trademark So Difficult?

What’s The Takeaway Here About The Trademark Application Process?

What Is A Trademark?

How Do I Apply For A Trademark?

What Are The Benefits of Registering A Trademark?

How Much Will This Process Cost?

• Electronic trademark filing fees currently range from $225 to $400 per class of goods or services, depending on the type of application you file, according to the USPTO website. The cost of filing a paper application is currently $600 per class of goods or services. Additionally, every 10 years you must file an application to renew your trademark r...

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When Should I Consider Hiring A Trademark Lawyer?