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Create a Trademark

NVArchitectNVArchitect Posts: 12subscriber
edited March 2015 in Protecting Your Ideas



Make no mistake, your trademark may ultimately become your single most valuable asset but this can only happen if you implement the right strategy with a few hundred dollars at the start.






Think about COCA-COLA with all their property, factories and world-wide integrated distribution systems yet their brand (trademark) has been valued, by the New York marketing consultants Vivaldi Partners, at $55 billion.
 




Some firms like EA Sports/Games, Coach, Nike and Toyota value their trademark at 20% of their overall value with the likes of Victoria`s Secret, Harley-Davidson and Pixar actually valuing their trademark at over 50% of their overall capitalisation.





Still, if you get it wrong at the start, it can cost you a fortune in trying to get the right protection latter. Patent attorneys don’t come cheap and the trademark office is bound by strict governing laws. Moreover, your competitors have a vested interest in stopping you at every turn with their objections. So, while you fight out the years in the registration process your name in the market is growing in value but you still may get no protection or ownership at the end.




All of this pain and wasted money can be avoided if you get it right at the start. See my article on Create a Tradmark to find out more.

Comments

  • patentandtrademarkpatentandtrademark Posts: 104subscriber
    very true - speak with a trademark lawyer BEFORE you put the mark into use.
  • DeenaEsqDeenaEsq Posts: 0subscriber
    Though I agree with you that you should use an attorney to file a trademark, particularly with the new TTAB decisions that can cause you to lose your priority date if you file incorrectly, I would like to correct a couple of things by the OP. 
     
    First, you don`t need a patent lawyer to file trademarks.  Patent law is a specialty all in and of itself, as I`m sure James can tell you... 
    Second, I work mostly as a trademark lawyer and I will tell you that it`s really not all that expensive to hire a trademark lawyer to file for you.  I`m very reasonable... ;o)
     
    Third, generally, it takes about 6 months to a year to get your trademark registered and most never have any objections filed at all from competitors or otherwise...
     
    Finally, it is probably important to mention that you don`t have to file your trademark to be afforded protection for your mark.  Common law trademark rights do exist and, as long as you`re using your mark in commerce and you can prove the start date of your usage, you are afforded some protection (though the protection is not as great as it is for a registered mark. 
     
    Please don`t misunderstand though, I absolutely believe that you can and should register your mark with the USPTO in order to afford your brand the best protection possible.  But if you`ve started using your mark without registering, don`t worry.  You can still register your mark...
     
    Hope that helps.
     
    Deena
    __________________________________________________________
    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post.  No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation.  Any advice given here is not intended to create an attorney-client relationship in any way.
     
     
     
  • patentandtrademarkpatentandtrademark Posts: 104subscriber
    true, you don`t specifically need a patent lawyer for anything but a patent.  It`s also true that it`s not really clear [at least to me] who is or is not a trademark lawyer or divorce lawyer, etc...  Unless your state offers some certification, there really is no such specialty recognized - even if 100 percent of your cases are trademark cases.
     
  • DeenaEsqDeenaEsq Posts: 0subscriber
    Absolutely true James.  It`s not an official "specialty".  In fact, even if all of your cases are trademark cases, you can`t identify yourself as a "trademark specialist".  However, you should ask a lawyer when hiring them what kind of work they do.  It`s not too hard to tell if the person knows what they`re doing...
     
    Deena
    _____________________________________________________________
    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post.  No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation.  Any advice given here is not intended to create an attorney-client relationship in any way.
     
  • ZosimosZosimos Posts: 0subscriber
    Hi Deena and James et al.  I am interested in chatting on this topic when things arise.  As a new Entrepreneur in a non-legal field I just went inactive this year with the DC/MD bars but was an IP Attorney focusing on Trademark law for years.  Focused also on enforcement, specifically in domain name disputes.  I was able to file my own Trademark Application online for the $325 reduced online fee and call the Examining Attorney with a response to his Office Action.  It`s an unusual case, but my mark registered in a very short time.  I chose ZOSIMOS BOTANICALS, as ZOSIMOS has no relevant meaning in the trade (cosmetics) and is inherently distinctive.  Very fun to have that Registration Certificate plaque!  Thanks in advance for letting me into this part of the community. Linda
  • jasonburtonjasonburton Posts: 0subscriber
    Choosing name for your product, business or company, what you think best sometimes isn't always good, a brand naming competition is very large and in the case you have business or product name-sake, a legal matters will surely rise ahead. I suggest get branding expert before you decide for your business name, try this http://eatmywords.com/services/consulting/ they are best brand naming consultant.
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