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When, Why, and How to File a Trademark

October 12, 2017

When Should I File My Trademark ?


In most cases, you will want to file for a Federal Trademark once you have an established business and are selling or performing services across state lines. In rare cases, your trademark idea is so brilliant and catchy that you will want to protect it even before you start doing business.

 

Why Register Your Trademark?


A federally registered trademark protects the trade name or logo you are using to identify your business as the source good/services. Once you have a registered trademark, you can protect your mark from other peoples' uses that are “confusingly similar.”

 

Do I need a Trademark Lawyer?


Yes, you should hire a trademark attorney. Technically, anybody can sign on to the US Patent and Trademark Office (USPTO) website and file for a trademark. Here is the link: http://www.uspto.gov/trademark . However, in 6 months you are likely to get an “Office Action” from the trademark examiner and you will not know what to do. Then you will have to call a lawyer anyway and you will spend more money than if you had just hired a trademark lawyer in the first place. It’s not rocket science, but it is complicated. A study from University of North Carolina School of Law found that trademark applications filed by experienced trademark attorneys are significantly more successful than without. (See http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2246750).

 

If you are ready to file a trademark, please contact me today!

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