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d. How to Trademark a Name, Logo or Slogan

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Many clients ask us how to trademark a name, logo, slogan, image or shape. Understanding how to trademark a name involves both a creative and legal process. On the creative side, you need to understand what makes a good brand from a consumer perspective. From the legal side, you need a trademark lawyer who can help you understand whether your proposed trademark is available or has already been used by someone else in a similar market. The last thing you want is to launch a new product or service under your trademark name and receive a trademark infringement cease and desist letter after you have made a substantial investment in your website, domain name or brand. The information on this page will help you understand not only how to trademark a name, but the various steps involved in going through both the creative and legal process of trademark registration and protecting your name in the market.
Tuesday, 01 October 2013

Understanding How To Trademark A Name: An Attorney Knows Best

Uspto

So you want to know how to trademark a name, logo, or slogan? It's a great question. Something in the back of your mind tells you these brand names are becoming increasingly important in the internet age. You see other companies building value around their brand names, logos, and slogans. You're wondering whether something more is required than simply doing business under your brand or name. Understanding how to trademark a name is something that trademark attorneys spend entire careers understanding. While the paperwork at the US Patent and Trademark Office (uspto.gov) website simply contains dozens of fields of data to fill in, understanding how to fill in the trademark forms at the trademark office is where expertise and experience comes in handy.

There are a lot of companies out there that will provide you with cheap trademark registration services. Essentially, they replicate the forms that are already available for free at www.uspto.gov. They are self-help trademark registration forms. That means you simply fill them in yourselves. If you were going to do that, why wouldn't you just go to US Patent and Trademark Office website yourself?

Understanding how to fill in date fields is different from understanding how to correctly file an application for trademark registration. If you cannot afford a trademark attorney, that's one thing. However the cost of filing a trademark registration is pretty inexpensive. The return on investment having an attorney who knows what they're doing, filing your mark is typically significant. Why not have a trademark attorney, who is prepared and has filed hundreds or thousands of US Patent and Trademark Office trademark applications, help you fill out the form?

A good trademark attorney will understand how to trademark a name, logo, or slogan much better than you. I would encourage you to speak to a trademark lawyer today before trying to fill out the trademark application form yourself. You'll be surprised how inexpensive trademark registration can be, and what a tremendous benefit it can be to your company. Having a trademark registration for your company name, brand or slogan in today's online world is critical. 


Tuesday, 04 September 2012

I Want To Register My Name As A Trademark. How do I do it?

I want to register my name, my brand, my slogan as a trademark with the United States Patent and Trademark Office, the USPTO.  What do I do? How do I go about taking my brand, my name, which I put my heart and soul into creating, which tells consumers who I am as a business, what services I'm providing, how do I protect that name, slogan or logo as a trademark through trademark registration. My name is Enrico Shaeffer, I'm a trademark registration attorney with Traverse Internet Law, and today we're going to be talking a little bit about trademark registration self help; and how to register a trademark with the USPTO. 

Continue reading I Want To Register My Name As A Trademark. How do I do it? >>
Monday, 20 August 2012

How to Trademark a Name at the USPTO

Understanding how to trademark a name at the United States Patent and Trademark Office or the Trademark Office, is incredibly important. Many businesses and small companies often want to trademark their name, the name of their website, URL, or the name of their company or the name of the product or service. But they immediately think, "Well, can I just trademark this name by myself?"

Continue reading How to Trademark a Name at the USPTO >>
Monday, 09 April 2012

Trademark Specimen Refusal – Does Not Show Use With Specified Services

You want to trademark a name.  You thought you figured out how to file for trademark registration and filled out the online application form at www.uspto.gov.  Several months after filing your trademark to be registered, you received an office action from the examining attorney at the trademark office.  The office action states that the specimen you submitted for your services is inadequate.  An experienced trademark registration attorney can help you understand what to do next in order to fix your trademark application and proceed successfully through trademark registration. 

Here is an example of a trademark specimen refusal from the USPTO. 

Continue reading Trademark Specimen Refusal – Does Not Show Use With Specified Services >>
Friday, 30 March 2012

How to File a Trademark Application in the U.S. - Part 2

Moving along to the names, portraits, signatures of individuals portion.  If, indeed, your mark includes any of those items that relate to someone else, you need to have consent from that individual in order to register the mark.  Once again, as you get to this level of detail, it would be very beneficial for you to speak with a trademark attorney. 

The remaining statements relate to different items as well that a trademark attorney can walk you through.  So, let’s assume that you want to apply for the mark without making an additional statement.  At this point, again, all you have to do is include the mark as you want it to be registered here, and then click the continued button.

Continue reading How to File a Trademark Application in the U.S. - Part 2 >>

How to File a Trademark Application in the U.S. - Part 1

This is Traverse Legal, PLC Trademark Attorney Brian Hall, and today I’m going to walk you through, in a step-by-step basis, how to register for a trademark with the United States Patent and Trademark Office. 

The first thing you need to do is go to the website www.uspto.gov.  Once there, you will see this screen.  The next thing you need to do is click on trademarks.  This will bring you to a page that gives you many options and multiple pieces of information that relate to your trademark.  If you have questions, you’d be well served reviewing this website and getting as much information as possible about it. 



Continue reading How to File a Trademark Application in the U.S. - Part 1 >>
Tuesday, 20 March 2012

Trademark Registration Basics: How to Protect Your Name, Brand, Logo or Slogan.

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. 

Welcome to Trademark Law Radio, my name is Trademark Attorney Enrico Schaefer.  Today, we are going to talk about how to trademark a name, how to trademark a logo, how to trademark an image, how to trademark a shape, how to trademark.  These are all issues that new business owners face every single day.  These are all issues that companies who are trying to extend their brands or launch new products and services face every single day, and it is something that is extremely challenging.

Continue reading Trademark Registration Basics: How to Protect Your Name, Brand, Logo or Slogan. >>
Monday, 21 November 2011

How to Perform a Trademark Search

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC.  My law firm represents trademark owners throughout the world, and today, I will be answering the question of how to perform a trademark search. 

Before I answer that question more directly, I should recommend to you that you retain a registered trademark attorney who has experience with trademark matters, including trademark availability assessments and trademark clearances.  I say that not because I’m a trademark lawyer, but instead because I truly believe it.

Continue reading How to Perform a Trademark Search >>
Thursday, 10 November 2011

How to Trademark a Slogan, Name or Brand

Trademarking a slogan is not much different than having to trademark another term, logo, design or other mark. It needs to qualify for the basics of trademark protection. It is critically important that your use of your particular slogan is used in such a way that qualifies for trademark registration and trademark protection. Merely putting a slogan on the front of a t-shirt or on some other placard, is not sufficient trademark use. A qualified trademark attorney can definitely give you advice on how to trademark a slogan.
Continue reading How to Trademark a Slogan, Name or Brand >>
Wednesday, 09 November 2011

Do I need a Trademark Attorney in My State to Trademark a Name?

A common question is whether or not you need to retain a trademark attorney in the state in which you live in order to trademark a name. The simple answer to the question is, No. While it is critically important to recognize that attorneys are licensed within particular states by the state bar associations, they can also practice throughout the United States and world. Therefore, the area of trademark law is particularly unique in that attorneys regularly practice in federal court as opposed to state court. It is also important to recognize that a trademark attorney, no matter where they’re located, can serve as the attorney or record for a trademark application with The United States Patent and Trademark Office. The attorney does not have to be from the same state as the individual or business entity that is the owner of that trademark application or trademark registration.
Continue reading Do I need a Trademark Attorney in My State to Trademark a Name? >>
Official Trademark Clearinghouse Agent

Trademark Blog Homepage: Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement

Trademark Infringement: Cease & Desist Letter Help

  • Trademark Threats: 6 Reasons To Take Them Seriously
    Trademark attorney Enrico Schaefer explains what you should do when you receive a trademark cease and desist letter. Listen as he reviews 6 reasons why you should take any trademark threat letter seriously, and what you should do when you receive a cease and desist.
  • How to handle a trademark cease and desist letter?
    Trademark Attorney Brian Hall discusses what you should do when you receive a trademark cease and desist letter. What a trademark threat letter? Why trademark owners send trademark threat letters? What you should do when you receive a trademark infringement threat letter.

How to Trademark A Name?

  • How to Register a Trademark - USPTO Stopfakes.gov
    You can establish rights in a mark based on legitimate use of the mark. However, owning a Federal trademark registration on the Principal Register provides several advantages ... here is how.
  • Types of U.S. Trademarks - USPTO Stopfakes.gov
    Specific types of trademarks include: Service marks which identify and distinguish the source of a service rather than a product; Certification marks are used by someone other than its owner, to certify quality or other characteristics of such person's goods or services; Collective marks are trademarks or service marks used by the members of a collective group or organization.
  • Definition of a "Trademark"- USPTO Stopfakes.gov
    A trademark includes any word, name, symbol, or design, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
  • How To Copyright and Trademark a Catchphrase!
    Wondering how to trademark a catchphrase? You should also think about how to copyright a catchphrase. Some intellectual property can be protected by both a trademark and copyright registration.

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan