how to trademark without a lawyer

by Pearl Flatley 9 min read

How to Apply for a Trademark Application Without A Lawyer

  • Find the Classification of the Good or Service. The USPTO has a TEAS system ("Trademark Electronic Application System") which is a database that provides a classification for goods and services.
  • Make a Drawing of Your Trademark. Whether you are trying to register only text for your trademark, or you are going to have a design or both. ...
  • Fill Out Your Application. The USPTO website would require that you register for a user ID before proceeding with an online submission.

Full Answer

How do you file a trademark?

Oct 26, 2021 · You can select marks that are listed to read the goods and services description to find a description that most closely matches your idea and …

How do I Register my trademark?

Aug 08, 2020 · This guide provides pointers on what you can do when applying for a trademark without a lawyer. It is relevant for U.S. applicants of trademarks only. Non-US applicants are required to have an attorney applying on their behalf. Have a Description of Your Trademark and Perform a "Clearance" Search

How do you apply for a trademark?

Sep 16, 2021 · If you’re domiciled in the United States, you’re not required to have an attorney. To determine whether you’re required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings. Even if you’re not required to hire a U.S.-licensed attorney, consider whether or not you should.

How to file a trademark?

Jul 21, 2020 · How to file a trademark without a lawyer? Construct a Logo and a Brand Name Construct a Logo and a Brand Name: The initial step begins with the construct of a logo or a brand name for the businesses. The company can opt for options like to assess the website that builds the logo for free or engage a technician to do so.

image

How do you trademark a phrase without a lawyer?

How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.

Can I do a trademark by myself?

Yes, you can trademark yourself, as long as you are in connection with your products or services. This information was provided by our founding attorney, Xavier Morales, Esq. It is possible for an individual to trademark an image of themselves as a product's logo.

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.Jul 21, 2021

Do I need an attorney to register a trademark in the USA?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

What is the cheapest way to trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

Is it hard to file a trademark on your own?

It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own. If this is the route you choose, then it is well worth your time to familiarize yourself with the application process in order to decrease the chance of a costly problem.Apr 3, 2015

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...•Jul 8, 2020

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How long is a trademark good for?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.Mar 21, 2019

How much does a trademark attorney cost?

Professional fees range from Rs. 999 and upwards per trademark per class + Rs. 4500/9000 as official fees per mark per class.Sep 15, 2017

Do I need a trademark agent?

Do you need a trademark agent? No, you do not “need” to hire a trademark agent to represent you before CIPO – you can act for yourself.

Who can do trademark registration?

Who is eligible to apply for trademark registration? Any individual or organization can apply for trademark to protect their product or service. The application has to be filed mentioning the trademark, name and address of the applicant along with the agent and Power of Attorney. 1.

What are the three types of trademarks?

Give Information About Your Mark. There are three types of trademarks: standard character mark, special form (stylized design), and sound. The first and most common type of trademark is a standard character mark, which is often just a word, phrase or slogan.

What is a specimen in a trademark?

With a standard character mark or special form mark, the specimen is usually a PDF of your logo, in color if you are claiming color as part of a special form mark. With a soundmark, the specimen is a sound/motion file.

What is priority basis on intent to use?

For Priority basis on intent to use, you will enter the same information as 1-3 above for Priority Basis on Already Used in Commerce , but you must also check a box indicating that you understand “intent to use” as a filing basis.

Who can represent others in trademark matters?

Any individual who is an active member in good standing of the highest court of any U.S. state (including the District of Columbia, and any, commonwealth or territory of the U.S.) may represent others before the USPTO in trademark matters.

Can I practice trademark law before the USPTO?

As noted above, U.S.-licensed attorneys need not apply for registration to practice trademark law before the USPTO. If you are a law student interested in becoming a trademark attorney, you may want to consider participating in the USPTO’s Law School Clinic Certification Program. Only law students enrolled in the clinic program at a participating law school may receive limited recognition to practice in trademark matters.

image

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. If an individual is filing the application, enter that person’s country of citizenship. For a corporation, enter the state or country of incorporation. For an LLC, enter the state or country where the company was organized. For limit…
See more on totallegal.com

Give Information About Your Mark

  • There are three types of trademarks: standard character mark, special form (stylized design), and sound. The first and most common type of trademark is a standard character mark, which is often just a word, phrase or slogan. The second type of trademark is a special form mark, which is a stylized design and often contains words or phrases. With this type of mark, you will attach a JP…
See more on totallegal.com

The Optional Additional Statement

  • You also have the option to enter various legal or informational statements that may pertain to the mark. The types of applicable facts existing at the time of filing include a claim of prior registration(s), translation, transliteration, the consent of an individual identified in the mark, or a concurrent use claim. Often filers choose to not enter any additional statement.
See more on totallegal.com

Selecting Goods/Services Information

Choosing Which Basis For Filing to Assign Your Trademark

  • You must select either 1a, 1b, 44d, or 44e. "Specimen" refers to your trademark. With a standard character mark or special form mark, the specimen is usually a PDF of your logo, in color if you are claiming color as part of a special form mark. With a soundmark, the specimen is a sound/motion file.
See more on totallegal.com

Review Your Information

  • Carefully review all of the information you have entered. Make any corrections. Once you are satisfied that your information is correct and complete, click “continue.” If you are filing yourself without an attorney, make sure you do not click on attorney filing or appoint a domestic representative.
See more on totallegal.com

Fee Information and Signature

  • You must choose one of three signature methods. The first and easiest method is to sign directly with an electronic signature by typing in your name. If you are an authorized representative of the mark owner, you can use this method. The second method is to have an e-mail form sent to a second party for signature. The third method is to print out a signature page, sign it and submit t…
See more on totallegal.com

Validation

  • At this point, you have completed all of the mandatory fields and have successfully validated the form, although your application has not yet been filed to the USPTO. You must click “pay/submit.”
See more on totallegal.com