how do i get a trademark? do i need a lawyer?
Tuesday, June 8th, 2010 at
10:16 am
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In the United States, you can register a trademark with the US Patent and Trademark Office. You don’t need a lawyer to do so, but it may be helpful to use someone familiar with the process, especially if there is anything tricky about your mark. You will also first want to search for previously registered marks that are similar.
You can actually get some trade mark protection without having a registered mark. Having a trademark just means that there is some kind of mark — a word, a phrase, an image, a logo, a design, a combination or the above — that the buying public associates with your work. But there are significant reasons to register.
The Trademark Office has a useful website. I have linked to it, to the FAQ page which should provide guidance for you.
To get a trademark, you first need to conduct a comprehensive national search to be sure the name, slogan or logo you wish to use is legally available for your use. The USPTO site is a good PRELIMINARY search, but it does not show you any of the 50 State trademarks, nor the National Common Law registry (people without trademarks have first use rights to a name where they make a sale first, this is called Common Law rights). You need to be aware of anyone with rights to the name as they can take legal action against you for infringing on their rights. Once your research is complete, you (or the company you hire to conduct the research) can then prepare and file a trademark application. We can help you do all of this step by step at TradeMark Express! You can call and ask any questions you may have at no charge (800-550-1520).
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