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Trademark question hire a lawyer or not

beachdibeachdi subscriber Posts: 10
edited June 2007 in Protecting Your Ideas
Hi All,
Glad everybody is out there helping me navigate my new entrepreneurship adventures.  
I thought registering a trademark would be easy, after reading www.uspto.gov</A> I do not believe it is easy.   The name of my new business and all that that implies` is everything so I want to make sure when it is trademarked I encompass all possibly logo consumer goods, plus my own unique inventions that go along with the  basic product line. 
If I hire a lawyer what type?   Should i expect a free consultation?   and I am working with a graphic designer this week, do I need to wait until the design is finished to complete the trademark registration?
thank you
Dianne

Comments

  • pepperlegalpepperlegal subscriber Posts: 2 Member
    Hi Dianne,Although you do not NEED to hire a lawyer to register a trademark, you may find it a worthwhile investment.  I would also suggest you consider a comprehensive trademark search before you pursue the registration process, which will give you a good idea of whether there are any existing trademarks out there that may prevent the USPTO from registering your mark.Many lawyers, like myself, provide a free consultation.  The question of whether you want to wait for the design to be completed depends, in part, on whether you wish the design to be part of your trademark (or whether you want to protect just the name).  It may not be a bad idea to pay for just a rough sketch of the mark to use for the trademark search so you don`t spend a lot of money on a design that you can`t ultimately use.Cheers,Dan
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    I agree that a good trademark is usually a good investment.  Other than trade secrets, it is the only form of intellectual property that potentially never expires.  Thus, it can continue to increase in value forever.  I would either do it myself or hire a lawyer.  The websites that merely "fill out the form" for you are pretty much a waste.  They can`t and don`t give legal advice, like I do for my clients.
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    I think it is important to keep in mind that there really are no free legal consultations.  In my experience, lawyers that give away their time to some clients have to do something to compensate for that - usually by charging higher fees when they do charge.  That is not a criticism - just simple economics.
    Do you give away something in your business?  If you do, the money to pay for that "free" thing HAS to come from somewhere.  "Free" cookies mean you have to charge more for the cookies you do actually sell.
    I prefer a flat fee approach.  Since most cases will take about the same amount of time, the fee is fairly predictable.  Keep in mind that you usually get what you pay for in this world.  If I saw somebody selling a car for $200, I would wonder why.
  • beachdibeachdi subscriber Posts: 10
    Thank you for great advice.  I am trying to trademark my new business name which will be printed on all products.  the name is sortof a nickname that brings forth visions of lazy and hazy beach days, all things associated with our beach outdoor lifestyle.  My target market is females only.   This will also be a business where I can introduce (manufacture and sell) some of my own invention ideas for outdoor convenience products.   the graphics/logo/brand identity are important!   so I will wait til after I meet with the graphic d. to make sure the name will work as I have seen in my visions.  
    1.  I will hire and/or consult with a lawyer after finalizing graphics/logo etc.
    this is the beginning of my business, and I don`t want to cut corners too soon and miss something important  
    p.s.  CampSteve, love love love your artwork.  Makes me want to abandon being a beach girl and move to the mountains! (well, almost)  
  • pepperlegalpepperlegal subscriber Posts: 2 Member
    I think it is important to keep in mind that there really are no free legal consultations.  In my experience, lawyers that give away their time to some clients have to do something to compensate for that - usually by charging higher fees when they do charge.  That is not a criticism - just simple economics.Call me an anomaly, but I view my free initial consultations as the cost of doing business.  Before clients shell out a lot of money in legal fees, I like to give them an opportunity to kick the tires, ask questions, and feel comfortable with me.  I may take a financial hit in the short-term, but in most cases the long-term relationship that follows more than makes up for it.
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    we agree.  it is a cost of doing business.  like all such costs, they are ultimately passed on to the consumer/client.  my rent is a cost of doing business.  that cost of doing business is ultimately paid for by my clients.  if somebody calls me and tells me they want to get a patent or trademark, i will spend a few minutes speaking with them and seeing what it is they want and whether i think i can help them.  i do that at my own expense and ultimately have to charge other clients for that.  somebody is paying - always.  sunshine is "free."
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    I think most lawyers and clients will tell you that the best arrangement is to build a long-term relationship between the lawyer and client.  If your criteria for a lawyer is the "cheapest" and one who give you the most for "free" you will be disappointed.  Do we pick our spouses that way?  Do we pick our doctors that way?  Do we pick our hair stylists that way?  Do we pick our dentists that way?  Do we pick our restaurants that way? 
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