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    12 Replies Latest reply on Nov 3, 2008 3:10 PM by BenjiJuanKeno

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

    score81 Adventurer

      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?
        • Re: Can I do myself Trade mark or Trade Name without Attorney?
          Lighthouse24 Ranger

          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.
          • Re: Can I do myself Trade mark or Trade Name without Attorney?
            DomainDiva Ranger
            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.

            • Re: Can I do myself Trade mark or Trade Name without Attorney?
              ScubaDive Wayfarer
              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!
              • Re: Can I do myself Trade mark or Trade Name without Attorney?
                Lighthouse24 Ranger

                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.
                  • Re: Can I do myself Trade mark or Trade Name without Attorney?
                    I INC YOU.com Newbie
                    Dear Lighthouse24:

                    As I just replied to DomainDiva about, as with any government filings, the majority of the time the major issue is knowing how to accurately complete their required paperwork!!!!

                    In specific regards to the USPTO, there are 2 MAJOR concerns or should I say precautions to be aware of before filing:

                    #1: Thorough research to see if any name/artwork is already filed in their database, and
                    #2: IF not, filing your desired name/artwork before anyone else does.

                    The USPTO, in regards to new filings, goes strictly on a first filing basis. If 10 people/businesses file for the same or similair name/artwork, as you mentioned in your question, the USPTO gives preference to the one who filed first!!!! It is as simple as that! It is almost guaranteed that the other 9 will have extremely drawn out processing complications while the 1st filier will sail through smoothly.

                    Very Respectfully,

                    Nathan A. Green
                    Co-Founder & Incorporation Specialist
                    I INC YOU, Incorporated
                  • Re: Can I do myself Trade mark or Trade Name without Attorne
                    BenjiJuanKeno Newbie
                    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.