Any advice for filing a trademark?

stevesteve subscriber Posts: 14
edited April 2006 in Protecting Your Ideas
On StartupNation I`ve heard people talk about going to uspto.gov to file their own trademark application. Has anyone in the community done that themselves? Is that something a person can and should do themselves?
Many applications I`ve looked at have a disclaimer that reads like NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "yada yada yada" APART FROM THE MARK AS SHOWN.
What needs to be in a disclaimer like that?

Comments

  • stevesteve subscriber Posts: 14
    Kim, thanks for the input.
    Has anyone had experience with online resources like http://www.trademarkmyname.com/</A>?
  • OfficeSpaceJeffOfficeSpaceJeff subscriber Posts: 0
    I completely agree with Kim.  Over the years we have applied for and received numerous trademarks including foreign ones.
    This is an area that you must leave for the pros - that means not just using an attorney, but using a trademark attorney.  Many times after you file an application with the USPTO, they will come back requesting modifications and changes.  If you do not reply properly and within the required timeframe then you can really mess up or lose your application.  Also there are many categories under which you can file for a trademark and you can get trademarks for the same service/product under numerous categories.
    This is a very complicated area and it can cost you several thousand dollars to do it right.  If you cannot afford to spend that money yet, then your business is not at the point where you should even be concerned about a trademark - it may be better to put that money into marketing and building your business.
    BTW, if you are only offering your service/product within 1 state you can register with just that state, which is much cheaper.  In fact, I believe that you need to operate in multi-state commerce to even be considered for a USPTO trademark.
    Hope this helps - Jeff.
  • iouone2iouone2 subscriber Posts: 14
    Thanks Jeff,
    That was very usefull information. I have been wondering about
    it as well.
  • DerekPadulaDerekPadula subscriber Posts: 1
    Hi guys,

    I`m not trying to advertise for the guy or anything, but I just faxed over my trademark papers to Erik Pelton at tm4smallbiz.com
    .  The reason I did is because he offers free consultation over
    the phone, and answered every single one of my questions in an honest
    manner.  He`s the only one I found on the Internet who was willing
    to do that.  And this is without him even suggesting that he was
    the only one for the job, or pressuring me in any way.

    During my consultation he mentioned what Jeff mentioned above; that
    there are several catches and traps which a trademark document can fall
    into, i.e. the filters.  One wrong word can delay the
    process. 

    I don`t understand it very well myself, and I wasn`t about to spend a
    few weeks or more ensuring that my documents were in order, then
    stressing out about it as I slipped it into the mail box.

    While the cost was a flat fee,
    I still feel it was rather high at $800, $325 of which was the standard
    USPTO fee.  However the assurance that everything will be written
    correctly, will be filed quickly and without error is worth every
    penny.  Especially when you`re trying to make sure you get the
    trademark before anybody else does.

    Might want to at least give him a call, and if nothing else he can steer you in the right direction.

    Hopefully that helps,

    -- Derek
  • RichRich Las Vegas, NVadministrator Posts: 582 Site Admin
    derek,
    you continue to add a lot of value to the posts. thanks so much. why don`t you invite the gentleman to offer his free advice (to the degree that he does that) here? just a thought.
    keep up the great work! great hearing your elevator pitch on the air!
  • LogoMotivesLogoMotives subscriber Posts: 15
    Another recommendation for Derek`s suggestion of Erik Pelton.  A client of mine just used him for all of her business branding trademarks and copyrights.  He made it an easy and painless process.- J.
    LogoMotives2006-4-14 23:42:28
  • MenyMeny subscriber Posts: 5
  • ErinErin subscriber Posts: 3
    Another quick question:  Has anyone used Start Up Nation`s service?  How does it compare to the resources mentioned above or others?
  • RichRich Las Vegas, NVadministrator Posts: 582 Site Admin

    Steve,
      I hear that   www.legalzoom.com</A> is cheap and great. If you are planing on other countries I recommend you do a Madrid Protocal . Put it in your search if you do not know what it is.

    note that StartupNation uses Legalzoon to fulfill all such trademark filings. we hold them in high regard, as well, obviously.
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