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trademarks & costs

Jack Feb 13, 2013 07:55AM PST

I wish to trademark a name, but I see it being used on websites and in other businesses, yet it is not technically trademarked. If I declare this trademark, will any others trying to use it need to go through me? What are the recourses in this case? Thank you. -JL

1 Agent Answer

Brett Feb 13, 2013 09:32AM PST

Hello JL,

Thank you for your message. The USPTO’s registration process takes roughly 12 - 16 months, after which you'll be issued the registration and federal protection of your trademark by the USPTO (there is no fee to be paid beyond the initial $325 filing fee). During the registration process we'll keep you updated about the progress of your application and provide regular reminders if anything is required of you. When you file a trademark application, you describe the business done using that trademark and then classify that business according to 1 or more of 45 different trademark classifications. Once you receive the registration of your trademark, the intellectual property protection granted is for all products/services included in that class; meaning, no one within the US can offer the public a product/service within that class using your trademark. A link to a list of the 45 International Trademark Classifications is provided below, for your review.

Applicants cannot trademark a name, logo, or slogan without Proof-of-Use in Commerce, proof that they are currently doing business using the trademark. Trademarks protect money made by a business using a name, logo, or slogan that is unique to their public image, from other businesses who may attempt to use that name, logo, or slogan to sell a similar product/service (to profit off notoriety the original business has garnered using their trademark). If no money is being made while using the trademark, the applicant cannot attain federal registration.

Please let us know if we can be of additional assistance.

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