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socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37810
Experience:  Retired (mostly)
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We are looking into trademarking some names. It would be one

Customer Question

We are looking into trademarking some names. It would be one main company and then subsidiaries that would be franchises.The main one would be: or MedGuideMD together or separate. For consistency all the urls will have extension .mdFace Guide
Breast and Body Guide
Skin Care Guide
Gynecomastia Guide
Bariatric Guide
Nose Guide
Anti-Aging Guide
Hair GuideWould it be easier to trademark them with the extension MD as follows:Face Guide MDHair Guide MD...What is the process of and estimate cost to go through checking all of them?
Submitted: 2 months ago.
Category: Business Law
Expert:  Attorney2020 replied 2 months ago.

There are free searches in California to confirm whether the name is ***** ***** As for trademarking available names

Registering a trademark for a company name is ***** ***** Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site,

Before completing the online registration form, check the site’s Trademark Electronic Search System (“TESS”) database to make sure another company hasn’t already registered an identical or similar mark for the same categories of goods or services you offer. U.S. trademark protection is granted to the first entity to use a particular mark in the geographic area where it operates, regardless of whether the mark is registered. But if your chosen mark is already registered by another company — even if you used it first — your registration will be rejected and you’ll probably want a lawyer to help you proceed.

Online trademark registration costs between $275 and $325 and requires information such as the categories of goods and services for which the mark will be used, date of the mark’s first use in commerce and whether there’s a design component to the mark you’re seeking. Internet businesses registering their names should generally refrain from registering their Web extension, such as .com or .net, with their name, unless they’re planning to register the mark both with and without. Getting a trademark without the domain extension will help prevent other businesses from registering the same name by just adding a different extension. Don’t designate a specific design of your trademark in order to get the broadest protection.

You should receive a response to your application within six months of filing, according to the U.S. Patent and Trademark Office Web site. There are some scenarios where registering through an intellectual-property attorney — or at least seeking legal advice beforehand — makes sense. If your desired mark is similar to another registered mark, or similar enough to confuse people, there’s a decent chance your registration will be contested.

What’s more, it’s difficult to register names deemed too generic or descriptive (think “The Ice Cream Shop” or “We Sell Plants”). A trademark lawyer perhaps can help you find a way to get at least some protection.

I hope that helped. Please ask any follow-up questions. Please rate my answer so hat i may be credited or my time. I thank you in advance for your cooperation.

Customer: replied 2 months ago.
I am going to check USPTO. Thank you. A couple questions
1) How would I approach trademarking Med Guide?
2) Do you believe Med Guide is trademarkable?
3) I could (but would rather not) use Med Guide MD. Is this more trademarkable?
4) If Med Guide is contestable would Med Guide MD be different enough to be trademarkable?
5) I will search Med Guide myself, but can I pay you a fixed fee to spend, say 30 minutes looking into it. I am sure 30 minutes of your time will get more done than several hours of mine. If so, what would the fee be? Thanks
Expert:  socrateaser replied 2 months ago.


Different contributor here. The original contributor has decided to terminate their interaction with you (I don't know why). I am a member of the State Bar of California, the U.S. District Court for the Central District of California (LA/OC metro and surrounding counties) and the California and National Associations of Realtors. I have worked in the intellectual property "biz" for decades. Please permit me to assist.

In my opinion, "[subject] Guide" is an extremely descriptive trademark, assuming that you are using the marks to describe medical products or services -- because you are simply describing the product or service being offered, and it requires no imagination on the part of an ordinary consumer to understand the connection between the trademark and the product/service.

However, since I don't actually know what you're trying to market, my assumption may be incorrect. At a minimum, I would want to concatenate the terms (e.g., "MedGuide", etc.). But, even in this circumstance, unless (by example) the product is some sort of equipment that is used to direct a medical device to a particular body organ, it still doesn't take much imagination to (also by example), connect a "Guide" with a website that "guides" users to various medical diagnoses. I hope you see the difficulty here.

That said, if you are looking for more personal attention (i.e., an attorney-client relationship), then I will send you an premium services offer and we can take this discussion offline. Please note that both website policy and California law prohibits me from negotiating legal service fees in this forum.

And, if you're not interested in the premium services, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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