# Trade mark



## sporteeme (Dec 11, 2009)

Is it necessary for me to have the name of my business trade marked? I'm looking to keep it from being name napped before i can get my bus. up and running.


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## kimura-mma (Jul 26, 2008)

No, it is not necessary. But it is the best way to prevent someone else from taking the name.

Technically, once you start using the name in commerce you have common law trademark of the name. That is not as strong as having a federally registered trademark, but it's an alternative if you didn't want to spend the money now on trademarking. But if you can fit the trademark fees into your budget without sacrificing production or marketing dollars, then definitely go ahead and do it.

You should also search the USPTO database of trademarks to make sure no one owns it already.

And a good thing to learn about trademarks is that even when you federally register, it doesn't automatically prevent anyone from stealing or bootlegging your mark. You need to be active in protecting your mark by issuing cease and desist letters to anyone who infringes on your mark.


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## dAi (Jan 27, 2008)

how much is it exactly to trade mark a name? I know the online application is $320 or somethin like that


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## kimura-mma (Jul 26, 2008)

dAi said:


> how much is it exactly to trade mark a name? I know the online application is $320 or somethin like that


If you submit the application yourself, you just pay the $325 fee. If you have an attorney or service like LegalZoom do it for you, it could cost quite a bit more.


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## dAi (Jan 27, 2008)

thats it? r u sure? that's cheap!

for the whole year is just a one time fee?

man, that's scary any one can steal a logo lol


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## kimura-mma (Jul 26, 2008)

Yep, that's it... just the application fee. If it gets approved and registered, it's yours until you abandon it or have it revoked for some reason. There are no yearly dues for owning a trademark.

Stealing a logo is the same as speeding on a highway. Anyone can do it at any time. It's always illegal, but only a small percentage actually get caught.


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## DavidRobison (Dec 30, 2009)

Whoa hoss, Do yourself a favor and go buy a copy of the "Graphic Artists Pricing and Ethical Guidelines" available online or through any bookseller. That book will explain the pros and cons of Copyright, Registered , Trademark the whole nine yards. In the mean time go get a .com of whatever name you want to use. If its not taken your likely to be the first to think of it and once you have a .com of the name its much easier to insure you will get the legal recognition you choose. There are a lot of folks that register .coms in the hopes that somebody will start a company using that name and then realize that in order to get the .com of it they now have to pay whatever the seller asks. (700-20k is not a good idea)
Thats what I recomend to all my clients to do. The Graphic artists guild explains copyright laws in ways easy to understand and guides you through the step by steps of when where why and how. I have two current copies on my shelf now and buy a new one every other year. Best resource you will likely ever buy and much cheaper than a Lawyer. Good Luck


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