Forums: Discussions for entrepreneurs and small business.

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?

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I did it myself.  I would never do it again myself.  It took me nearly 2 years and at one point, it was marked as "abandoned".  Just when I decided to try again, I got a notice that it was going through.  I don`t know what happened to have it marked ABANDONED.  It`s done and I am about to do another - however, I will pay someone this time.  The government lawyers don`t speak the same "language" we do and figuring out just want they wanted was very difficult. So was trying to respond in a manner that pleased them. 

One thing I have learned is that sometimes, it`s better to just pay someone competent to do something rather than burning up your precious time trying to figure something out. 

It`s a real rush to get the certificate, though! 

~Kim

Kim, thanks for the input.

Has anyone had experience with online resources like http://www.trademarkmyname.com/?

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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.

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Offices2share.com® operates a Web site that focuses exclusively on short-term, ready-to-use office space nationwide, featuring thousands of offices in hundreds of American cities.

Thanks Jeff,
That was very usefull information. I have been wondering about
it as well.

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Vincent Wilcox (a.k.a. KRAKR)
Drummer
My band: Letters Make Words

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


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-- Derek Padula Chief Entertainment Officer -- www.youngforestgames.com

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!

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Rich Sloan , Co-Founder, Chief Startupologist, StartupNation

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.




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Jeff Fisher | Jeff Fisher LogoMotives | Tweet! Tweet!

Hello all:

Just a quick question do you need to make a separate trademark for the name of business and separate for the slogan?

Thanks

Meny