Forums: Discussions for entrepreneurs and small business.

 

I`d like to apply for a trademark for my business soon.  Do I register the business name in one filing, and the logo design in a separate filing? I sure hope not; a trademark search fee and two trademark registration fees will put a big dent in my start-up budget.  Please advise.

Hi! Your name/logo, once in public use, is your trademark by common law whether you file it or not - as long as you are the first to use the mark. You can put a TM next to it. It protects you somewhat but not as much as a federal trademark. If you do decide to officially register it with the USPTO, then you can put the circle-R next to it once it has been accepted.
Are you sure you need to register for a trademark at this stage? It is rather pricey like you said.
To try to answer your question, I think you submit your specimens upon filing, so I don`t think you pay twice. I could be wrong however. I suggest you visit the USPTO site and read about trademarks here:
http://www.uspto.gov/main/trademarks.htm
Good luck!


-------------------------

Chris

The Dippy Chick Company, Inc.

If you don`t want to register it at this point.  Make up your trademark and then mail yourself a copy of it.  Once you receive it, don`t open it, just put it in your files.  Then, if a dispute arises, you have PROOF of the time you started using it as a trademark.  It`s simplistic, but it makes a good paper trail for you.  As does the day you register your domain name if your domain name is the same as your trademark.  I can prove that I was using ScrapBiz 4 years ago because that`s when I registered ScrapBiz.com. 

HTH!

~Kim

I know people used to use that method for patents, but they discourage it now because it won`t hold up in court. It may be different for trademarks though. I`m not sure.

-------------------------

Chris

The Dippy Chick Company, Inc.

Hi,

Registering your business name is separate then trademarking your logo. You may put a TM next to your logo but that means you are in the process of having it trademarked and registered as uniquely yours in your industry. This can buy you some time until you have the funds to register it. If you do not follow through, and actually register the mark with the USPTO then someone can come along and develop a very similar looking mark and register it with the USPTO before you. Actually getting your logo registered is subject to a review by the USPTO.

There are a lot companies that do not have their logos trademarked or registered because they are in fields that the chances of having a logo copied or stolen are pretty slim. If there is an issue with someone copying the mark then this usually falls into the hands of intellectual property lawyers and that is where excellent files and record keeping come in handy. But, nobody really wants to go there.

Patents are generally for inventions and if you have a unique invention you can file a provisional patent which is cheaper than the completer patent process and it can date your invention and hold up in court.



-------------------------

Mary Hutchison Design LLC design + strategy + counsel 206.407.3460 info@maryhutchisondesign.com

Couldn`t be explained any better.. I think your question has been answered

-------------------------

Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net

I forgot to mention that if you have a uniquely identifying name for your product or service, in short, a brand name, the same process applies. For example you probably couldn`t trademark, Joe Smith Tree Service but you probably trademark SmithArbor.

You can have a logo designed with the brand name in it or not. Or you could trademark the brand name without a logo, though that would not be advisable as a logo or logotype will help identify you and establish a brand presence.

-------------------------

Mary Hutchison Design LLC design + strategy + counsel 206.407.3460 info@maryhutchisondesign.com

Thank you all so much for helping me out.  I have the right plan of action now. Forums like this are great because it led me to the right source for my answer.

www.uspto.gov/web/trademarks/workflow/start.htm 

says,

"There are two possible trademark formats: (1) standard character format ; or (2) stylized  or design format. The standard character format should be used to register word(s), letter(s), number(s) or any combination thereof, without claim to any particular font style, size, or color, and absent any design element. Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation. The stylized or design format, on the other hand, is appropriate if you wish to register a mark with a design element or word(s) or letter(s) having a particular stylized appearance that you wish to protect. The two types of mark formats cannot be mixed in one mark; do not submit a representation of a mark that attempts to combine a standard character format and a stylized or design format."

I`m going to trademark the business name using the standard format because I`m really only interested in protecting the actual name.  My logo is not so unique that I`m going to spend money to protect it.  I got it from using logoyes.com anyhow. It`s pretty plain.

 

 

Good for you! I`m glad you got your answer. I hope mine were clear. I was really tired yesterday and couldn`t think too straight.

-------------------------

Chris

The Dippy Chick Company, Inc.

Hi

...great thread...based on the answers above I have a trademark question.  The name I am pondering for a bricks and mortar storefront is being used by only one other similar business entity that I can find...they are in Iowa and I plan on starting the biz in Virginia.  Should I trademark the name (assuming it has not been done by the other party)?  Will it protect me from possible future infringement issues?  Thanks for a great site!  Steve