# Trademarking



## Rickbscuba (May 31, 2008)

Hi everyone. I am thinking about trademarking my company name and logo. I have done some research on the federal website. I am interpreting that even if I haven't trademarked yet, I CAN use the "TM" at the end of my company name and logo. 

Am I correct in this interpritation or am I way off base?

Thank you!


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## Comin'OutSwingin (Oct 28, 2005)

You are correct.


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## hiGH (Jan 25, 2007)

From what I remember, you have to be in the process of filling for a trademark in order to use TM.


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## Comin'OutSwingin (Oct 28, 2005)

No, you just have to have something to place the "TM" on.

You don't ever have to register, or file an application in order to use the "TM".

From the USPTO website:



USPTO said:


> *When can I use the trademark symbols TM, SM and ®?*
> Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" *only* after the USPTO actually _registers a mark_, and *not* while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.


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## bwattsup (May 11, 2008)

Can trademarking be done without the cost of a lawyer. The info I read (which was by no means all of the USPTO info) made it seem as if anyone could do it. Am I mistaken?


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## hiGH (Jan 25, 2007)

Comin'OutSwingin said:


> No, you just have to have something to place the "TM" on.
> 
> You don't ever have to register, or file an application in order to use the "TM".
> 
> From the USPTO website:


Works for me.

Thanks for clarifying.


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## Comin'OutSwingin (Oct 28, 2005)

hiGH said:


> Works for me.
> 
> Thanks for clarifying.


No problem.




bwattsup said:


> Can trademarking be done without the cost of a lawyer. The info I read (which was by no means all of the USPTO info) made it seem as if anyone could do it. Am I mistaken?


Yes, it can be done without an attorney.

The application is pretty straightforward, online.

But, one thing to keep in mind is that you need to make sure that you do all of the necessary searches *before* you file.

That's not just the USPTO database, but search engines, phone listings, state trademark databases, etc.

This is just 1 of the things that will be done by an attorney, and if you don't know how, would be well worth the expense.

But the process itself can most certainly be done without an attorney.


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## bwattsup (May 11, 2008)

Comin'OutSwingin said:


> But, one thing to keep in mind is that you need to make sure that you do all of the necessary searches *before* you file.
> 
> That's not just the USPTO database, but search engines, phone listings, state trademark databases, etc.
> 
> This is just 1 of the things that will be done by an attorney, and if you don't know how, would be well worth the expense.


So how much does that attorney cost?!? That seems like alot of stuff to go through, especially for a NEWB. Thanks for the insight.


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## Comin'OutSwingin (Oct 28, 2005)

I really don't know. I didn't use an attorney.

But, legalzoom offers this service. The filing fee for the application is $325, and legalzoom's fee is an additional $165.

They will also do the searches for you for additional fees. Federal and state trademark searches are about $150, comprehensive U.S search is about $250, or they can do a worldwide search for about $450.

legalzoom.com


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## bwattsup (May 11, 2008)

Thanks Greg! Learning so much every day!


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## Gohantl45 (Jun 6, 2008)

Well since you guys are on the subject, do you know how to type out the trademark symbols? I have a mac so if you know how to do it on a mac that would be huge help. Oh one more thing! So lets say I decide to slap the "tm" on my company name, can someone come in and file paperwork to get my logo registered with out me knowing or am I protected the minute I put it behind my logo?


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## Rickbscuba (May 31, 2008)

Thanks Greg and everyone who gave feed back. Big help!


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## loftgolf (Apr 17, 2008)

I filed my trademark through LagalZoom. It was easy and I felt confident that the i's were dotted and the t's were crossed.


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## Slydaug (Sep 6, 2007)

Rickbscuba said:


> Hi everyone. I am thinking about trademarking my company name and logo. I have done some research on the federal website. I am interpreting that even if I haven't trademarked yet, I CAN use the "TM" at the end of my company name and logo.
> 
> Am I correct in this interpritation or am I way off base?
> 
> Thank you!


As long as you are using the product in commerce (selling) you can use the TM.


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## Slydaug (Sep 6, 2007)

bwattsup said:


> Can trademarking be done without the cost of a lawyer. The info I read (which was by no means all of the USPTO info) made it seem as if anyone could do it. Am I mistaken?


I have done six registered marks of my own. The USPTO was sufficient enough for me because it gives a certain time for opposition to your mark. If a company thinks your LOGO is to similar to theirs they can oppose it. I had one opposition and they could not stop that particular mark. In my opinion bypass the attorney and do it yourself. The USPTO application will not allow you you make a mistake.


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## Solmu (Aug 15, 2005)

Gohantl45 said:


> So lets say I decide to slap the "tm" on my company name, can someone come in and file paperwork to get my logo registered with out me knowing


Yes, if you're not regularly checking for pending trademarks this could happen. If they file an application you can contest it though: then it comes down to who has a better claim on the mark.



Gohantl45 said:


> or am I protected the minute I put it behind my logo?


In that sense you're not really protected before or after you register a trademark - you still have to fight anyone else that insists on using it in court.


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## Mark_S (May 21, 2008)

I would check the Nolo Trademark book - helped me alot.


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## romebush1a (Jan 24, 2008)

Gohantl45 said:


> Well since you guys are on the subject, do you know how to type out the trademark symbols? I have a mac so if you know how to do it on a mac that would be huge help. Oh one more thing! So lets say I decide to slap the "tm" on my company name, can someone come in and file paperwork to get my logo registered with out me knowing or am I protected the minute I put it behind my logo?


If you have Adobe Illustrator you can create your own file for future use by making a new document in Illust. and typing it in capital letters and reduce it down to about 6pts. and then create outlines and save as an Illustrator eps. You want to change it to outlines so that you won't have to worry about having your fonts open each time you use it.


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