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Need help with a Trademark Application in Atlanta, Charlotte, Dallas, & Raleigh?
What is a Trademark?
A Federal trademark is filed with the USPTO and provides protection in all 50 states. To file for a federal trademark application the owner must be currently using or intending to use the mark in commerce across state lines ( in more than one state).
State trademarks are typically filed with the state’s Secretary of State Office and provide for service mark protection within the state. Common Law trademark rights are obtained through use of the mark and are not governed by federal or state statute based on filing a trade mark application, instead common law trade mark rights developed under court created rights governed by state law.
Since common law trade mark rights are obtained through use, their scope is limited to the geographic area in which the mark is actually used, or in areas it may naturally expand.
How to Trademark a name
First steps in selecting a trademark for your product or service.
1- List all descriptive words and synonyms that describe your product or service
2- Use the following rules to create a unique mark to identify your product or service
a) Cut & combine – i.e., Microcomputer & Software were cut and combined to make MicroSoft®
b) Cut – i.e., Intellectual (smart) cut to make Intel® (smart computer chips)
c) Misdirect – i.e., Apple a fruit, (Isaac Newton symbol of an apple is equated with smart) to make Apple® (a smart computer company)
d) Make up a word- i.e., Google
Create a list of possible trademarks using the rules above.
Need help with a Trademark Application in Atlanta, Charlotte, Dallas, & Raleigh.
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How much does a Trademark cost
US Trademark Application: ~$960. Attorney time $635 to prep federal trademark application papers plus a $325/275 USPTO filing fee and paralegal fee for a single goods/service class & single mark; for each additional goods/service trademark’s classification beyond the first – $150 attorney time (plus $325 additional filing fee and paralegal fee for each additional goods/service class). Trademarks fall into one or more of 45 classes of goods and services description categories. “In-Use” Trademark’s applications (currently promoting mark across state lines) typically take 6 months to receive an office action from USPTO and 6 months thereafter to register. Add another 6 months to 2 years for “Intent to Use” applications. To convert, there is a conversion fee and attorney time to convert.Trademark applications (intend to later promote or use the trade mark across state lines). Additional fees are required to respond to a Trademark office action. Internet US Trademark filing. Time to prep: 1 week.
When should you use ® vs. TM/SM? Any time you claim rights in a mark that identifies a product or service, you may immediately use the “TM” (trade mark on goods) or “SM” (service mark for services) designation to alert the public to your claim, whether you have filed a trademark application with the US Trademark Office or not.
® may only be used after registering with the US Trademark Office.
You may only use the federal registration symbol “®” after the federal US Trademark Office actually issues a registration for your mark, and not during a pending trademark application or after your registration has expired.
Registered Trademark types
What is a Trademark? A trade mark™ is a form of protection used to brand or promote a product being offered in the market place in the form of a word, name, phrase, tag-line (Standard Text Characters) or symbol, graphic, color (Stylized and/or Design) or a combination of both used or intended to be used to identify and distinguish the products/services of one seller or provider from those of others, and to indicate the source of the products/services.
In addition, other trademarks categories, such as those based on color, smell, sound, patterns or any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities may be protected. Note, the essential function of trademarks is to exclusively identify the commercial source or origin of products or services identified by the mark.
What is a Service Mark? A service mark (SM) is a mark similar to trademarks, except it is a form of protection used to brand or promote a service being offered in the market place. The terms “trademark” and “mark” often are used to refer to both trademarks and service marks.
What is a Trade Name? A trade name or a business name is the name a business uses for commercial purposes. (The legal name is the name registered with the state secretary of state office, such as ____ Inc., LLC or Partnership or the name used for contracts.)
What is Doing Business As? DBA (doing business as) is a name of a business or operation other than the owner or proprietor’s name, or legal name such as Inc., LLC or Partnership of the business. Most jurisdictions require businesses operating with fictitious names to file a DBA statement for consumer protection purposes with the county and/or state.