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Attorney Steve® does it again, this time with a helpful video for startup companies and individuals looking to register a federal trademark but who may not have the money to hire an intellectual property or trademark lawyer. This video is general legal information only and NOT legal advice or a substitute for legal advice. Trademark registration can be MUCH MORE COMPLEX than highlighted in this video.
It is important to always do a thorough trademark search BEFORE applying for a trademark through the USPTO. Once you file, you cannot get your money back. So make sure there is no one else using your trademark before you apply. You can do this by searching the internet. Search for domain registrations that may be similar. Search on Google. You can Thomson Thomson to run a detailed paid search.
You should also try to pick "arbitrary and fanciful" names as opposed to suggestive and descriptive terms. In other words "Nike" or "Xerox" are better names than "Sports Shoes Company" or "Copy Paper Inc." Be creative - think out of the box.
Also, keep in mind there are many different things you can get a trademark (for goods) or service mark (for services) for. Examples are:
1. Your company logo
2. A slogan you use in your business
3. Nicknames (ex. "Johnny Football")
4. Your business name
These are just a few of the common examples.
At any rate, this video should help you understand what lawyers do when filing a trademark. This is the same process companies like LegalZoom do. So in short YOU CAN DO IT without a lawyer if you take time to read the screens, and watch some of their helpful videos the USPTO offers.
If you need help and are willing to pay a LOW FLAT RATE FEE - we can help you. We can also help with the following:
1. Trademark name searches (we can help you pick a good mark to build your brand on)
2. Registering trademarks and service marks
3. Responding to office action letters (refusals or denials) from the trademark examiner
4. Cease and desist letters
5. Trademark arbitration, mediation, litigation
6. Domain name disputes
For more information, call us at (877) 276-5084 or click on the link at the top of this page to go to our corporate homepage. As we like to say - we are The First Name In Legal Services"
Hope you enjoyed this video!! Check out our others.
Keep in mind there are RISKS associated with filing your own trademark with the USPTO (such as having to respond to an office action letter, or having your trademark denied when a good search would have prevented the filing), but many people are finding that filing a trademark application (for example to start your own clothing line, or a name of a band, or product name) is not as mysterious as people once thought.
ATTORNEY STEVE TIP: Make sure you SEARCH your mark BEFORE you buy a domain name, engage in advertising, name your product etc. There is nothing worse than picking a name that some other company already has or which is "confusingly similar" to their name, This means your trademark will not register. This is the biggest risk of filing for your own trademark. Sometimes it is worth the money to just pay trademark counsel to search and file for your corporate trademark. We can do slogans, logos, and company names.
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