Archive for February, 2010

Getting a Trademark, How Do I Get a Trademark

Sunday, February 28th, 2010

A lot of clients call my office to ask a simple question: “How do I get a trademark?“  I explain to them that in order to get a trademark they need to go through the trademark registration process.  This process includes two steps: 1) Conducting a trademark search and 2) Drafting and filing a trademark application with the United States Patent and Trademark Office.

While there a lot of companies that claim you can get a trademark by “doing it yourself,” the trademark registration process is much more complicated than it appears.  First, a proper trademark search must be completed.  I say proper because it is easy to go on the Web and conduct what you think is a proper trademark search.   Unless you have an attorney conduct the trademark search and give you a legal opinion on the trademark search results you will not know if you can get a trademark or not.  There are too many potential pitfalls to detail in this blog, but I have seen them all.  If you do not hire an attorney to conduct your search it is akin to self-medicating.  Some people will always do it, but doctors go to medical school for a reason, and lawyers go to law school for a reason.  Please leave your trademark search to a professional.

The second step to get a trademark is the filing of an application with the US Government.  This is a legal document that should be completed by an attorney as well.  Once the trademark application is filed with the US Government, a US Government trademark attorney will review your application and determine if your trademark registration request can be approved.  This process can take 6-8 months.  If the US Government approves your trademark registration request you will be mailed a trademark registration certificate.

In a nutshell, that is how you get a trademark. For more information, please call my offices at 1-877-350-6275 or click here.

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Trademark Registration, Cost of Trademark Registration

Sunday, February 14th, 2010

One of the most frequent questions I get asked by potential clients is, “How much is the cost of trademark registration?”  The answer is that you need to be concerned about two fees in the trademark registration process.  The first is how much you are going to pay a lawyer to conduct the trademark search and draft and file the trademark application.  The second is the US Government filing fee (Uncle Sam wants to get paid before they even review your application).

At Gerben Law Firm we try to make the trademark registration cost as low as possible.   As a potential client, you should understand that hiring anyone who is not a lawyer to conduct your trademark search and draft and file your trademark application is extremely risky.  There is a high likelihood that your application will be denied using a service such as Legal Zoom (I get a lot of calls from their dissatisfied customers).  Moreover, please do not believe that you can conduct a “free trademark search” and determine whether or not your trademark is available for use.  There is a lot that goes into conducting a proper trademark search that is impossible to do online.  Our search uses special software and is conducted by an attorney.  There is just no replacement for this type of search.   I have seen too many people rely on a free trademark search to file their trademark, only to have it rejected from the US Government (and thus lose all the fees they paid to have the trademark filed).

The cost of trademark registration at Gerben Law Firm as of February 14, 2010 is as follows:

Legal Fee: $495 Flat Rate (includes comprehensive trademark search and drafting and filing of your trademark application)

US Government Filing Fee: $275 or $325 per class (most applications require only one class)

Because each trademark registration is different, give me a call to get an exact quote on the cost of trademark registration for your trademark.  I can be reached directly at 1-877-350-6275.  I encourage you not to worry about saving a few dollars by using a service such as Legal Zoom.  If your application is not done correctly, you will lose your US Government filing fees and end up spending more in the long run to secure your trademark.  I invite you to call me at 1-877-350-6275 and register your trademark properly.

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Trademark Search, When to Conduct a Trademark Search

Sunday, February 7th, 2010

I can not count the amount of times I wished I had a time machine for clients who retain my firm to assist them in the trademark registration process.  A lot of clients retain my firm to conduct a trademark search after they have built up significant equity in their brand name or logo.  The problem with conducting a trademark search so late in the process is that many times a conflict can exist that will cause a major reinvestment to be needed in a new name or logo.

I find that a lot of clients believe that if they are able to register the trademark as their business name when they register an LLC or Corporation that their trademark is “available for use.”   This, however, is not the case.  Trademark law in the United States is complex.  In order to know if a trademark is “available” for use, a full federal, state, and common law trademark search should be conducted by a professional.

My best advice to business owners is that before you open your doors, or start to market that new product or service, conduct a trademark search with a professional that can give you a good legal opinion as to whether or not it is safe to proceed.  And please, whatever you do, do not think that you can use any of the “free” searches available on the internet to ensure your trademark is available.   Those trademark searches are legally worthless.

If you would like to retain my firm to conduct a trademark search for you, please click here or call us at 1-877-350-6275

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