# Trademark walkthrough help?



## ziggyz19 (Nov 7, 2012)

I was wondering if anyone could walk me through the trademark process? I would like to do the whole process myself and preferably the cheapest way possible... So if anyone could tell me the steps and about how much it will cost that would be greatly appreciated. Thanks!


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## binki (Jul 16, 2006)

Get an attorney that does this. Ours has taken nearly 3 years with one. 

If you want to do it on your own do a search for TM's with the words you have. Also, look at the design elements. The look for similar designs. Things like circles, lines, people, animals, etc. 

Then if you don't find anything like that you can start the process.


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## 20vK (Jul 9, 2011)

If it is a unique word, you could register it yourself with the US patent office for about $270.

I did mine online


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## kimura-mma (Jul 26, 2008)

It's definitely a good idea to consult an attorney. If nothing else, get a free consult to ask a few questions to become a bit more familiar with the process.

As binki alluded to, searching for similar trademarks is the most important thing you can do. Spend a lot of time on this research.

Once you are ready to apply for your trademark, read the available info on United States Patent and Trademark Office. Their site is very helpful and easy to use. They guide you through every step of your trademark application. It's not that difficult. The process will take 13-18 months and the application fee is $325 for an online filing.


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## 20vK (Jul 9, 2011)

^^ Attorneys are always a good idea


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## GordonM (May 21, 2012)

One reason to at least have an attorney file for you (you can do the rest to save money) is so that their name is provided as Attorney of Record on the application. Nothing says you don't have the means to fight a trademark dispute more than a self-applied registration. The system makes it easy to identify you as a DIYer. There's nothing wrong with being a DIYer, per se, except they know you're much less likely to sue. 

Remember that a trademark registration gives you nothing more than a government sanctioned leg up in court. You still have to go to court to protect your IP. The government doesn't do that for you.


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## Riderz Ready (Sep 18, 2008)

I find it amusing and ironic you are worried about a trademark when the first shirt on your site is a direct rip-off of the Coors logo even down to a similar font.


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## ziggyz19 (Nov 7, 2012)

That is true, but many other clothing brands that i know of do the exact same thing with coors and other known companies. It has been our best selling shirt and i think its because of how popular the logo is. This was just a simple question about trademarks and i wasnt asking for any critique on our designs. So thanks to all the other people that have given us great info.


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## Riderz Ready (Sep 18, 2008)

ziggyz19 said:


> That is true, but many other clothing brands that i know of do the exact same thing with coors and other known companies. It has been our best selling shirt and i think its because of how popular the logo is. This was just a simple question about trademarks and i wasnt asking for any critique on our designs. So thanks to all the other people that have given us great info.


Sorry was not critiquing your design, just a comment on somone who is ripping off art work worrying about trademarking something - it is ironic to say the least.

Typically it is people such as yourself that will scream the loudest if they find a shirt that is similar to one of their original designs.


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## binki (Jul 16, 2006)

A tangled web for sure. I wouldn't do it myself. Like I said, even with an attorney we have hit a ton of roadblocks and have struggled to get ours done. 

We think we are at the end of the road here and just waiting for our registration number. If it is that important to you then it is worth a few grand to invest in.


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## StacyStewartLaw (Nov 6, 2012)

Often if you select a brand name without conducting a throughout research on the availability of the brand name, it leads to costly consequences. It does not matter if a trademark you intend to use is registered with USPTO or not, what matters is who first used this particular trademark.You are free to use a name/mark to identify your goods/services in commerce, as long as your name/mark is not confusingly similar to another name/mark already being used in commerce. Thus, before starting to use your ideal brand name in commerce, make sure no other business is already using the same or confusingly similar brand name to yours. 
In my article I have described 10 important things to consider when you select and protect a brand name. I also outlined the application process. You can definitely file the trademark application yourself, but I strongly recommend you to retain a trademark attorney to help you through the process. The title of the article is A Legal Perspective: 10 THINGS TO CONSIDER WHEN SELECTING AND PROTECTING A BRAND NAME. You can read it at http://www.raphaelstewart.com/trade...r-when-selecting-and-protecting-a-brand-name/


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## web528 (Jul 6, 2011)

We got a lawyer, everything looked good until someone else was TM a name close to ours. Their application was in 9 days before ours. No way to check that because of the dates. We went ahead and dropped it but still had to pay about 1500 to lawyer.


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## teevault (Dec 7, 2012)

Obtaining a trademark takes time. I wouldn't really do this own your own (entirely) as there are so many different options and variations. For example, you can register a mark at the state and national level.

I'm no attorney, but I feel like at some point I read merely holding a mark out to be trademark "counts" legally. Where it becomes beneficial is a registered mark holds more weight as far as its usage and notification to potential violators.

Again - I'm not attorney. Point is, trademark law is a tricky subject.

Check out services like Free Legal Documents & Legal Forms | Find a Lawyer | Rocket Lawyer. You can also ask an attorney directly at Ask Questions, Get Answers from Experts ASAP | JustAnswer.

Best of luck!


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## utrink (Apr 20, 2011)

We are in the process of self-filing our second trademark. They have great videos on the USPTO website and actually use screenprinting T-shirts as one of the subjects of the video. It can be done yourself but takes a lot of time.


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