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10 Replies Last post: Nov 3, 2008 3:10 PM by BenjiJuanKeno

Can I do myself Trade mark or Trade Name without Attorney?

Oct 10, 2007 11:12 PM

Click to view score81's profile SCORE score81 76 posts since
Aug 6, 2007

Client requested help on following:


I want to register my Trade name and Trade mark.

  • Can I do this myself without any professional help?
  • Where do I go to do this?
  • How Long does this process take?
  • How much will this cost?
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Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
1. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 11, 2007 1:29 AM

Yes, you can do it yourself. An attorney is not required.

Start at the U.S. Patent and Trademark Office website: http://www.uspto.gov/main/trademarks.htm

The registration process will take at least a year (and probably three or four years, in my experience).

The USPTO website has a complete fee schedule.

Click to view DomainDiva's profile Mogul DomainDiva 1,731 posts since
Oct 10, 2007
2. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 11, 2007 1:53 PM
Do this at your own risk. Please get help from a qualified attorney. A Trademark should take less than a year...a full fledged patent 2-5 years.
Click to view ScubaDive's profile Founders ScubaDive 36 posts since
Jul 22, 2007
3. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 11, 2007 2:12 PM
Your starting point is the US goverment. You can visit their website in the address provided above. I recommend calling the government and talking with a representative in the Patent and Trademark office. This is always a good starting point.

You should also get a free or 30 minute consultation with a trademark and patent attorney. This will help you understand more of the process. It is the goverments job to explain the process to you. That's what our tax dollars are paying for.

Good luck!
Click to view score81's profile SCORE score81 76 posts since
Aug 6, 2007
4. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 15, 2007 12:35 AM
in response to: Lighthouse24
Thank you for your advice.
Click to view score81's profile SCORE score81 76 posts since
Aug 6, 2007
5. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 15, 2007 12:36 AM
in response to: ScubaDive
Thank you for your suggestions.
Click to view score81's profile SCORE score81 76 posts since
Aug 6, 2007
6. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 16, 2007 10:09 PM
in response to: I INC YOU.com
Dear Nathan:

this information will be very helpful to the client and he can use it. I will suggest your site for more information and get assistance and services.

Thanks again.
Click to view I INC YOU.com's profile Professional I INC YOU.com 1 posts since
Oct 14, 2007
7. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 16, 2007 10:37 PM
in response to: score81
Dear score81:

No problem at all, you are very much welcome. That is what we at I INC YOU, Incorporated are here for, to provide accurate and affordable assistance and help!

Nathan A. Green
Co-Founder & Incorporation Specialist
I INC YOU, Incorporated / www.iincyou.com
1-888-I-INC-YOU (446-2968)
Click to view DomainDiva's profile Mogul DomainDiva 1,731 posts since
Oct 10, 2007
8. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 17, 2007 10:10 AM
in response to: I INC YOU.com
I INC YOU, what type(s) of assistance do you provide in trademark filing defenses and problems with artwork? These are the issues that I look at when dealing with the Tmark Office.
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
9. Re: Can I do myself Trade mark or Trade Name without Attorney? Oct 17, 2007 12:28 PM

Very good question, DDiva -- I look forward to the answer.

To qualify my earlier "you can do it yourself" post: I have completed 17 registrations myself (most of them submitted on-line) with no attorneys and no legal problems -- but all of these were either "arbitrary" or "suggestive" names for business and industrial processes, with no symbol or graphics involved. Likewise, the purpose of these trademarks was to "brand" the process as unique in order to facilitate its licensing and implementation, not to use the name in consumer advertising (at least, not initially -- very similar to how Teflon® was registered 15 years before it found its way to consumers products).

Lengthy delays occurred when another enterprise in a totally unrelated field happened to choose the identical name for one of their processes. In one case, the name we "brain stormed" for a safety procedure in Nevada was the same as the name of a fund raising process for a philanthropic group in NorthCarolina, a religious program at a megachurch in Oklahoma, a newly-invented water treatment process at a lab in New York, and an economic development model for an organization in Washington DC. None of us had any "hits" when the searched various databases for the name because we all apparently "created" it and filed within six weeks of each other! These kinds of conflicts happen more often than you might imagine, and may take months (or even years) to resolve.
Click to view BenjiJuanKeno's profile Professional BenjiJuanKeno 6 posts since
Nov 3, 2008
10. Re: Can I do myself Trade mark or Trade Name without Attorne Nov 3, 2008 3:10 PM
Don't do it yourself. Just because you can file it yourself, that doesn't mean that you will do it correctly. I had trouble getting one through. I tried filing it myself and didn't do it right. I went to lawyer who had to cancel somebody else's registration to get it through. He got the registration cancelled because it wasn't done right. I used the Brandwise Law Firm. There web site is at www.brandwiselaw.com.

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