what the cheapest way to file for a trademark?

3 Comments

1. imisidro says:

   May 15, 2010 at 8:01 pm

   The cheapest way is to file the trademark yourself directly at the US Patents and Trademark Office.

   As long as you can understand the instructions, you can do the process yourself in 30 minutes or less. Just be sure you have everything you need (e.g. if the trademark has been used by yourself before the filing, proof of use such as brochures, etc) — particularly the credit card.

   Trademark processing fees is $325-375 per trademark http://www.uspto.gov/web/offices/ac/qs/ope/fee2007september30_2007dec17.htm

   Here’s the instructions on how to apply for a trademark online http://www.uspto.gov/web/trademarks/workflow/start.htm
2. MissDeviance says:

   May 15, 2010 at 8:13 pm

   I helped my husband file his trademark 3 years ago. No lawyers needed.

   In order to establish a trademark, though, you have to already be using as part of the sale of a product. So you will need to show them some form of proof that you are selling something, an item or service, with that name or logo on it. Don’t fear that using it, you’ll lose it. As long as you can document the first date you used it, and you used it first, it’s yours.

   Then, start here first:
   http://www.uspto.gov/main/trademarks.htm

   On the right-hand side, click on Search and see if the phrase you want to trademark is already taken. If not…

   The fee for a new Trademark application is $325 per class of services if you file electronically, $50 more if you do it by paper. Per class means each way it is being used. If it’s representing your company or product, that’s just one. But a multi-use would be like SONY, using that same trademark for TV products, CD music products, films, etc. You probably don’t fall into this category — you should be so lucky, right?

   Be warned that you do not get any money back if they decide someone else has the trademark… so that search part is really important. If they decide, nope, it’s already taken… you lose the $325 (or $375)! You can dispute the claim, by petitioning the director, but that costs another $100!

   So that’s the whole part that you pay a lawyer for. They basically do a very extensive search, including trademarks filed within the past few days, and verify that it is available. And of course, they charge you a huge fee for their time.

   Then, once you file, it seems like it takes FOREVER before they get back to you. I think we filed in early June and got it approved the following year in late February! So be patient. Once you have filed, no one else can come in after you and take it from you, provided they can’t prove they were commercially using the trademark before you.

   If you doing it on your own, the best bet is to make your trademark so unique that no one else could have possibly thought of it. And then check the Seach option… and sometimes be surprised that, nope, someone else already thought of it.

   Good luck!
3. Paul Reidl says:

   May 16, 2010 at 9:03 am

   The USPTO maintains a web site as indicated above and anyone with a credit card can file an applicaiton; a lawyer is not required. The problem with the “do it yourself” approach is that while the filing is easy, it is no guarantee that you can register the name or that you can use your mark even if you get a registration. This frequently creates problems for which you will need to hire a lawyer to try to undo the damage. Few things are more exensive to fix than to adopt a trademark, launch the product or service, and then have to stop using it because you learned that someone else has prior rights. I blogged on this issue yesterday. http://tiny.cc/moknz